Chovattukunnel Thomas vs The Divisional Forest Officer
2021 Latest Caselaw 4005 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.2735 OF 2021(N)


PETITIONER:

               CHOVATTUKUNNEL THOMAS
               AGED 60 YEARS
               S/O.DEVASSIA, CHOVATTUKUNNEL HOUSE,
               CHALIMANNILTHAZHAM, MOOZHIKKAL, CHELAVUR POST,
               KOZHIKODE - 673 571.

               BY ADVS.
               SRI.V.T.MADHAVANUNNI
               SRI.M.VIVEK RABINDRANATH

RESPONDENTS:

      1        THE DIVISIONAL FOREST OFFICER
               KOZHIKODE FOREST DIVISION, CIVIL STATION,
               KOZHIKODE DISTRICT - 673 020.

      2        THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
               EFL, DEPARTMENT OF FOREST, HEAD OFFICE,
               VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 034.

      3        STATE OF KERALA
               REPRESENTED BY SECRETARY TO DEPARTMENT OF FOREST,
               THIRUVANANTHAPURAM - 695 034.


OTHER PRESENT:

               SPL.G.P. FOR FOREST SRI.SANDESH RAJA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2735 OF 2021(N)              2




                             JUDGMENT

Dated this the 3rd day of February 2021

The petitioner challenges Ext.P7 order issued as

early as on 23.2.2015 by which it was informed that the

property in Sy.No.912 of Chakkittapara Village, Quilandy

Taluk was brought under Kerala Forest (Vesting and

Management of Ecologically Fragile Lands) Act, 2003. In

Ext.P7 itself the Divisional Forest Officer has informed

that the affected parties are free to approach the

custodian or the EFL Tribunal. The petitioner has

approached this court after a period of about 6 years

without resorting to the remedies which were stated to be

available in Ext.P7 itself.

Therefore, this writ petition is dismissed with liberty

to the petitioner to approach the appropriate forum.

Sd/-

P.V.ASHA

JUDGE ska

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEED NO.2604 OF 1979 OF S.R.O.NADUVANNUR IN FAVOUR OF THE PETITIONER DATED 16/11/1979.

EXHIBIT P2 TRUE COPY OF THE PURCHASE CERTIFICATE 19/08/1986.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER IN 1989.

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 27/06/1990.

EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER DATED 12/11/1985.

EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER DATED 28/06/1986.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 17/03/2015 WITH ATTACHED NOTICE.