IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 27687 OF 2012
PETITIONER/S:
1 SAFIA
AGED 26 YEARS
W/O.ABDURAHIMAN, AMBATTUPARAMBIL HOUSE, MUKKATA
P.O, NILAMBUR R.S 679 330, NILAMBUR TALUK AND
AMSOM, MALAPPURAM DISTRICT.
2 NOUSHAD ALI
S/O. ABDURAHIMAN, AMBATTUPARAMBIL HOUSE, MUKKATA
P.O, NILAMBUR R.S 679 330, NILAMBUR TALUK AND
AMSOM, MALAPPURAM DISTRICT.
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
THAYYIB SHA P.S.
PAUL BABY
ANISHA M.
RESPONDENT/S:
1 THE DIVISIONAL FOREST OFFICER
NILAMBUR 679 329, MALAPPURAM DISTRICT.
2 THE FOREST RANGER
EDAVANNA RANGE OFFICE 675 541, NILAMBUR NORTH,
MALAPPURAM DISTRICT.
3 THE DEPUTY RANGER
FOREST STATION P.O, MOOLEPPADAM, NILAMBUR,
MALAPPURAM DISTRICT. 676 505.
SHRI.T.P.SAJAN, SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C. No. 27687 of 2012 -2-
MOHAMMED NIAS C.P.,J.
................................................................
W.P.C. No. 27687 of 2012
...............................................................
Dated, this the 26th day of August, 2022
JUDGMENT
This Writ Petition is filed with the following reliefs:
(i) Issue a writ of mandamus directing the respondents not to take any further action pursuant to and in furtherance of Ext. P13 notice dated 13-09-2012 issued by the 3rd respondent or dispossess or evict the petitioners from 84 cents or part of it in R.S. 18 Akampadam village in Nilambur Taluk in Malappuram District.
(ii) Issue a writ of mandamus directing the respondents to issue a copy of any notification published or to be published as provided under Rule 2 A (2) of the Kerala Private Forests (Vesting and Assignment) Rules in relation to 84 cents or part of it in R.S. 18 of Akampadam village in Nilambur Taluk in Malappuram District to the petitioners to enable the petitioners to challenge the proceedings before the Forest Tribunal.
Iii) Pass such other orders that this Hon'ble Court deems fit to pass in the facts and circumstances of the case.
2. Petitioners are aggrieved by the notice dated 13-09-2012 issued by the 3rd respondent alleging that the land in ownership and W.P.C. No. 27687 of 2012 -3- possession of the petitioners is a Government Forest land and directing vacating of the property in question. Petitioner claims 84 cents situated in RS No. 18 Village of Akampadam Village in Nilambur Taluk in Malappuram District, which according to the petitioner is surrounded by all sides by private lands and Panchayat road.
3. I heard the learned counsel for the petitioner Sri. Thomas Abraham and the learned Special Government Pleader (Forest) Sri. T.P.Sajan.
4. After hearing the learned counsel on either side, I am of the view that the petitioner can be relegated to the Forest Tribunal to challenge the proceedings initiated against them, as they have an alternate efficacious remedy before the Forest Tribunal. To enable the petitioners to pursue the said remedy, the interim order granted by this Court on 22-11-2012, will continue to operate for a further period of six months. Status quo as regards the property in question shall also be maintained for the above period.
This Writ Petition is disposed of as above.
SD/- MOHAMMED NIAS C.P., JUDGE.
Ani/ /TRUE COPY/
W.P.C. No. 27687 of 2012 -4-
APPENDIX
PETITIONER EXTS:
EXT. P1: TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF NAFEESA EXT. P2: TRUE COPY OF PURCHASE CERTIFICATE ISSUED TO NAFEESA BY LAND TRIBUNAL, NILAMBUR EXT. P3: TRUE COPY OF SALE DEED EXECUTED BY NAFEESA TO ABU EXT. P4: TRUE COPY OF SALE DEED EXECUTED BY ABU IN FAVOUR OF SHIHABUDHEEN EXT. P5: TRUE COPY OF LAND TAX RECEIPT EXT. P6: TRUE COPY OF POSSESSION CERTIFICATE EXT. P7: TRUE COPY OF SALE DEED EXECUTED BY SHIHABUDHEEN IN FAVOUR OF RAJESH EXT. P8: TRUE COPY OF LAND TAX RECEIPT EXT. P9: TRUE COPY OF SALE DEED EXECUTED BY RAJESH IN FAVOUR OF THE PETITIONERS EXT. P10: TRUE COPY OF LAND TAX RECEIPT EXT. P11: TRUE COPY OF LAND TAX RECEIPT EXT. P12: TRUE COPY OF LAND TAX RECEIPT EXT. P13: TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT