Jose Varkey @ Jose P.V vs Mankulam Grama Panchayath

Kerala High Court

Jose Varkey @ Jose P.V vs Mankulam Grama Panchayath on 21 May, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
               THE HONOURABLE MR. JUSTICE S.MANU
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    WP(C) NO. 4266 OF 2019
PETITIONERS:

    1     JOSE VARKEY @ JOSE P.V., AGED 58 YEARS
          PURAYIDATHIL, FIFTIETH MILE, MANKULAM.P.O.,
          IDUKKI-685 565.

    2     CICILY JOSE, PURAYIDATHIL, FIFTIETH MILE,
          MANKULAM.P.O., IDUKKI-685 565.

          BY ADVS.
          P.RAMAKRISHNAN
          SMT.PREETHI RAMAKRISHNAN (P-212)
          SRI.T.C.KRISHNA
          SRI.C.ANIL KUMAR
          SMT.ASHA K.SHENOY
          SRI.PRATAP ABRAHAM VARGHESE



RESPONDENTS:

    1     MANKULAM GRAMA PANCHAYATH,
          MANKULAM.P.O., IDUKKI-685 568, REPRESENTED BY
          ITS SECRETARY.

    2     THE VILLAGE OFFICER,
          MANKULAM VILLAGE, MANKULAM.P.O., IDUKKI-685 568.

    3     THE RANGE FOREST OFFICER,
          MANKULAM RANGE, MANKULAM.P.O., IDUKKI-685 568.

           BY ADVS.
           SRI.K.B.PRADEEP
           SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)

           M.H. HANIL KUMAR   SPL. GOVERNMENT PLEADER
 W.P.(C)No.4266 of 2019

                            ..2..




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.4266 of 2019

                               ..3..




                   JUDGMENT

A. Muhamed Mustaque, J.

The petitioners were granted financial benefit under the Life Mission Scheme for construction of a residential building. While construction of residential building was proceeded, the petitioners received a Ext.P4 notice issued by the Range Forest Officer, Mankulam. This was questioned in this writ petition.

2. Pending writ petition, an interim order was passed allowing them to complete the construction of the residential building. Accordingly, they completed the construction and they are also residing in the building.

3. In view of the matter, nothing further survives in this case. However, we make it clear that we are not decided anything in regard to the title or interest in the land. If there is any threat to the petitioners' possession in future, the petitioners are free to approach this Court for any other relief. We also make it clear that if the Range Forest Officer is of the view that the property is in part of the forest land, they are W.P.(C)No.4266 of 2019 ..4..

free to proceed against the petitioners in accordance with law.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU JUDGE PR W.P.(C)No.4266 of 2019 ..5..

APPENDIX OF WP(C) 4266/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF RATION CARD ISSUED IN THE NAME OF THE 2ND PETITIONER.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 13.3.2008 IN WPC.NO.16393/2004.

EXHIBIT P3 TRUE COPY OF CERTIFICATE DATED 29.11.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER DATED 12.12.2018 FROM THE 3RD RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF CERTIFICATE DATED 21.12.2018 ISSUED BY THE 2ND RESPONDENT.