Kerala High Court
Govindankutty vs Chief Conservator Of Forest And ... on 1 February, 2021
WP(C).No.38837 OF 2018(D)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.38837 OF 2018(D)
PETITIONER/S:
1 GOVINDANKUTTY
AGED 57 YEARS
S/O.GOPALAN, ERUKULAM, CHULANNUR P.O.,
PERUNGOTTUKURISSI VILLAGE, ALATHUR TALUK, PALAKKAD
DISTRICT, PIN-678574.
2 BHASKARAN,
AGED 62 YEARS
S/O.GOPALAN, ERUKULAM, CHULANNUR P.O.,
PERUNGOTTUKURISSI VILLAGE, ALATHUR TALUK, PALAKKAD
DISTRICT, PIN-678574.
BY ADV. SRI.BABY MATHEW
RESPONDENT/S:
1 CHIEF CONSERVATOR OF FOREST AND CUSTODIAN,
EASTERN CIRCLE, OLAVAKKODE P.O., PALAKKAD DISTRICT,
PIN-678002.
2 DIVISIONAL FOREST OFFICER,
DIVISIONAL FOREST OFFICE, NEMMARA, PALAKKAD
DISTRICT. 678001
R1-2 BY GOVERNMENT PLEADER
OTHER PRESENT:
SPL GP SRI.SANDESH RAJA.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.38837 OF 2018(D)
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JUDGMENT
Dated this the 1st day of February 2021
The Writ Petition is filed complaining that Exts.P1 and P2
orders passed by the Forest Tribunal, Palakkad are not
implemented by restoring the land covered by those orders to the
petitioners. The 2nd petitioner is the applicant in the O.A which
resulted in Ext P1. He approached the respondent for releasing
the land covered by Ext.P1 order. Sri.Gopalan, who is the father
of both the petitioners was the applicant in the O.A which
resulted in Ext.P2 Order. Petitioners claim release of the land
covered by Ext.P2 order on the strength of Ext.P3 partition
deed.
2. The 2nd respondent has filed a statement. It is stated
that the applicant in O.A.No.916/75 passed away on 06.11.1993.
Though the 2nd respondent had directed the successors of the
deceased Applicant to produce the death certificate and legal
heirship certificate, as per letter dated 10.09.2014, they have
not so far produced the legal heirship certificate; they
produced the death certificate alone of the deceased Applicant
on 30.10.2017. It is stated that as and when the legal heirship
certificate is produced appropriate action would be taken for
releasing the 1.44 acres of land covered by O.A.No.916/75
(Ext.P2). It is also stated that there are some discrepancies in
WP(C).No.38837 OF 2018(D)
the extent of land available in the field and the land claimed
by the OA applicant, steps are taken for execution of an
indemnity certificate and that on completion of the legal
formalities appropriate action would be taken for issuing NOC.
This is recorded.
3. In respect of the land in survey No.75/2 covered by
Ext.P1 order in OA No.907/75, it is stated that Assistant
Director, Forest Mini Survey, Kozhikkode has, as per letter
dated 05.05.2018 informed that the survey of the land was
included in the priority list of the year 2018. However the
survey is yet to be undertaken.
Therefore, there shall be a direction to the Assistant
Director, Forest Mini Survey, Kozhikkode to conduct the survey
of the land in Survey No.75/2 covered by Ext.P1 order in
O.A.No.907/75 and furnish the survey sketch to the 2 nd respondent
within a period of two months from the date of receipt of a copy
of the judgment. On receipt of the said sketch, the 2 nd
respondent shall take steps for releasing the land to the 2nd
petitioner who is the applicant in O.A.No.907/1975, within a
further period of two months.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.38837 OF 2018(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25/8/1977 IN
OA NO.907/1975.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 25/8/1977 IN
OA NO.916/1975.
EXHIBIT P3 TRUE COPY OF THE PARTITION DEED NO.
1228/1999 OF SUB REGISTRAR OFFICE, ALATHUR.
EXHIBIT P4 TRUE COPY OF THE JOINT VERIFICATION REPORT.
