Kerala High Court
One Earth One Life (Reg. ... vs State Of Kerala on 10 February, 2021
W.P.(C) No, 569/2015 : 1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.569 OF 2015(S)
PETITIONER:
ONE EARTH ONE LIFE (REG. NO.S.246/1988) THRISSUR
REPRESENTED BY MR.TONY THOMAS, AGED 57 YEARS,
S/O. THOMAS, KIZHAKKEKARA HOUSE, IRUMBAKACHOLA,
KANJIRAPUZHA P.O., PALAKKAD DISTRICT.
BY ADV. SMT.DAISY A.PHILIPOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNEMNT, DEPARTMENT
OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM - 695 001.
2 THE CHIEF CONSERVATOR OF FORESTS
EASTERN CIRCLE, OLAVAKKODE, PALAKKAD - 678 002.
3 THE DIVISIONAL FOREST OFFICER
NENMARA - 678 508.
4 THE DISTRICT COLLECTOR
PALAKKAD - 678 001.
5 THE ADDITIONAL TAHSILDAR,
ALATHUR - 678 002.
6 THE DEPUTY DIRECTOR OF RE-SURVEY
COLLECTORATE, PALAKKAD - 678 002.
7 THE ASSISTANT DIRECTOR
W.P.(C) No, 569/2015 : 2:
FOREST MINISURVEY, MATHOTTAM P.O., KOZHIKODE - 673 001.
8 MS.UNION TIMBER TRADERS
3RD FLOOR, CVM COMPLEX, WADAKKANCHERY PO.,
PALAKKAD - 678 683, REPRESENTED BY ITS MANAGING PARTNER.
(ADDL.R8 IS IMPLEADED AS PER ORDER DATED 04/02/2015 IN I.A
1299/2015)
R1-7 BY SRI. SANDESH RAJA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No, 569/2015 : 3:
Dated this the 10th day of February, 2021.
JUDGMENT
Shaji P. Chlay, J.
This is a Public Interest Litigation filed by a voluntary
organization registered under the Travancore-Cochin Scientific Literary
and Charitable Societies Act seeking the following reliefs:
1. Issue a writ of mandamus directing respondent Nos. 4
to 7 to correct the mistake in the Basic Tax Register and
the corresponding resurvey records in respect of 344.56
hectares of vested forests notified as per Ext.P1
notification which is included in resurvey No. 355 of
Kizhakkencherry Village in Alathur Taluk of Palakkad
District and change the name in the Basic Tax Register
as 'Government' instead of 'Sivasankaran Nair, Manager,
UTT Teak Plantation".
2. Issue a writ of mandamus directing respondent Nos. 1
to 3 to put up boundary stones demarcating the vested
forests notified as per Ext.P1.
3. Issue a writ of mandamus directing respondent Nos. 1
to 4 to resume and protect the vested forests in the
Kizhakkencherry Village notified as per Ext.P1
notification after evicting the encroachers, in
accordance with law.
W.P.(C) No, 569/2015 : 4:
2. The basic submission put forth by the petitioner is that an
extent of 2656 hectares of land comprised in Survey No. 1/1A of
Kizhakkanchery Village in Alathur Taluk in Palakkad District was
notified as vested forests as VFC No. 37/1-9 by notification No. D-
1383/77 dated 29.07.1977. However, according to the petitioner an
extent of 344.58 hectares of vested forest belonging to the State
comprising Survey No. 1/1A before the resurvey, was recorded in the
name of Sri. Sivasankaran Nair, Manager, UTT Teak Plantation, after
the resurvey. When the said mistake was noticed, on 06.01.2010, the
3rd respondent sent a letter to the Chief Conservator of Forests,
Olavakkode, the District Collector, Palakkad, the Additional Tahsildar,
Alathur - the respondents 2, 4 and 6, requesting them to take urgent
action to rectify such mistakes in the revenue records. According to
the petitioner, consequent to the same, the District Collector, Palakkad
convened a meeting of all the concerned officers on 06.05.2010 and it
was decided to demarcate the vested forest by putting up jundas at
the boundaries and to correct the mistake in the Basic Tax Register in
respect of 344.58 hectares of vested forests in the resurvey records of
Kizhakkencherry Village.
3. The grievance voiced by the petitioner is that even though a
decision was so taken by the District Collector, no action was taken to
W.P.(C) No, 569/2015 : 5:
correct the mistake in the BTR, which led to massive encroachment in
the vested forest.
4. We have heard the learned counsel for the petitioner, Smt.
Daisy A.Philipose and the learned Special Government Pleader for
Forest, Sri. Sandesh Raja, and perused the pleadings and documents
on record.
5. Even though various issues are raised by the petitioner, we
find that adjudication of the said aspects may not be required, in view
of the decision taken by the Tahsildar (Land Records), Taluk Office,
Alathur, Palakkad District dated 18.11.2020, whereby a direction is
issued to correct the BTR as is sought for in the writ petition and to
change the property in question as vested forest in the Basic Tax
Register. Therefore, the main relief sought for in the writ petition as
extracted above is satisfied consequent to the action taken by the
Tahsildar (Land Records) pending the writ petition.
6. The second and third reliefs are consequential reliefs to the
first relief sought for in the writ petition to correct the Basic tax
register. Now, having corrected the Basic Tax Register, it is for the
Forest authorities to take appropriate consequential action to put up
boundaries and demarcate the vested forest notified as per Ext.P1 and
W.P.(C) No, 569/2015 : 6:
the decision taken on 18.11.2020 by the Additional Tahsildar (Land
Records), Alathur, Palakkad District.
After having appreciated the circumstances, we dispose of this
writ petition recording the above aspects and leaving open the liberty
of the Forest authorities to take appropriate consequential action in
accordance with law as expeditiously as possible.
sd/- S. MANIKUMAR, CHIEF JUSTICE.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) No, 569/2015 : 7:
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 - A TRUE COPY OF NOTIFICATION NO. D - 1383/77
DT. 29.07.1977.
EXHIBIT P2 P2 - A TRUE COPY OF LETTER DT. 06.1.10 SENT OT THE
6TH RESPONDENT BY THE 3RD RESPONDENT WITH ITS
TRANSLATION.
EXHIBIT P3 P3 - A TRUE COPY OF NOTICE DT. 31.5.10 SENT TO
SIVASANKARAN NAIR, MANAGER, UTT TEAK
PLANTATION, WITH ITS TRANSLATION.
EXHIBIT P4 P4 - A TRUE COPY OF D.O NO. P.C.C.F - 52/2010 DT.
25.6.10 SENT BY THE PRINCIPAL CHIEF CONSERVATOR
OF FORESTS TO THE 3RD RESPONDENT.
EXHIBIT P5 P5 - A TRUE OCPY OF LETTER NO. B2-2791/10 DT.
30.6.10 SENT BY THE PRINCIPAL CHIEF CONSERVATOR
OF ROESTS TO THE 8TH RESPONDENT.
EXHIBIT P6 P6 - A TRUE COPY OF LETTER NO. B2-7190/10 DT.
11.7.12, SENT BY THE 2ND RESPONDENT, TO THE 3RD
RESPONDENT, WITH ITS TRANSLATION.
EXHIBIT P7 P7 - A TRUE COPY OF LETTER NO. D-7658/09
DT.20.11.14, SENT BY THE 3RD RESPONDENT, TO THE
4TH RESPONDENT, WITH ITS TRANSLATION.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
P.S To Judge.
rv
