Gracy Sunny vs State Of Kerala Represented By
2021 Latest Caselaw 5851 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 18TH DAY OF FEBRUARY 2021/29TH MAGHA,1942

                   WP(C).No.42297 OF 2018(J)


PETITIONER:

              GRACY SUNNY, W/O. LATE JOSEPH THOMAS @ SUNNY,
              AGED 52 YEARS, THARAPPEL HOUSE, EZHUKUMVAYAL
              P.O., KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT,PIN-685 553.

              BY ADV. SHRI.M.C.JOHN

RESPONDENTS:

     1        STATE OF KERALA REPRESENTED BY
              SECRETARY(REVENUE) DEPARTMENT,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM,PIN-695 001.

     2        THE DISTRICT COLLECTOR,
              COLLECTORATE,PAINAVU,
              IDUKKI DISTRICT,PIN-685 603.

     3        THE TAHSILDAR, UDUMBANCHOLA TALUK,
              NEDUMKANDAM P.O., IDUKKI DISTRICT,PIN-685 553.

     4        THE DIVISIONAL FOREST OFFICER,
              KOTTAYAM DIVISION, OFFICE OF THE DFO,
              KOTTAYAM,PIN-680 001.

     5        THE FOREST RANGE OFFICER,
              KUMILI RANGE, KUMILI,
              IDUKKI DISTRICT,PIN-685 509.

              R1-R5 BY SRI.SANDESH RAJA.K.,
              SPECIAL GOVERNMENT PLEADER (FOREST)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.42297/2018
                                   :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 18th day of February, 2021

Petitioner has approached this Court seeking the

following reliefs:-

"(i) Issue a writ of Mandamus directing the respondents to reconsider Exts.P4 and P7 applications in the light of Exts.P5, P6, P14, P16 and P17 and issue orders permitting the petitioner to cut and remove the trees applied for in Ext.P4 application and also direct the 5th respondent to release the tree logs taken custody as per Ext.P12 with immediate effect.

(ii) Direct the respondents not to proceed with Ext.P12 OR 32/13 stated to be booked against the petitioner pending consideration of Exts.P4 and P7 applications.

(iii) Declare that in the light of Exts.P3 and P17 Government Orders, condition No.1 in Ext.P1 has become unenforceable and ineffective."

2. By Ext.P6 judgment in W.P.(C) No.19412/2013, this

Court permitted the petitioner to approach the Government for

changing condition No.1 in Ext.P1 patta. Accordingly, the

petitioner submitted Ext.P7 application to the Tahsildar, WP(C) No.42297/2018

Udumbanchola to take necessary steps to remove condition

No.1 from her patta. The Tahsildar forwarded the application

along with his report on 30.10.2014, as is evidenced by

Ext.P11.

3. The petitioner would state that Ext.P15 notice was

issued on the petitioner requiring the petitioner to attend a

hearing on 19.05.2015. The learned counsel for the petitioner

submitted that though the petitioner attended the hearing with

necessary documents, nothing was heard thereafter and no

decision is taken on the request of the petitioner, to the

knowledge of the petitioner. In the circumstances, the

petitioner is entitled to the reliefs prayed for in the writ petition,

contended the learned counsel for the petitioner.

4. The learned Special Government Pleader (Forests)

submitted that the reliefs prayed for in the writ petition are not

liable to be granted. As per G.O. dated 02.02.2021, the

Government have withdrawn the earlier Government Orders

based on which the petitioner seeks reliefs. The learned

Government Pleader further submitted that by way of an WP(C) No.42297/2018

amendment to the Kerala Land Assignment Rules effected in

2017, similar conditions in pattas are already directed to be

removed. But, the amendment would have only prospective

effect and cannot be applied to the petitioner's claim. The

petitioner has already cut the trees without permission of the

authorities, contended the learned Special Government

Pleader.

5. Heard the learned counsel for the petitioner and the

learned Special Government Pleader (Forests) for the

respondents.

6. The petitioner submitted Ext.P7 application for

removal of condition in the patta pursuant to the orders of this

Court in Ext.P6 judgment. Though a hearing was conducted

on 19.05.2015, no decision has been communicated to the

petitioner so far. In the circumstances, I am of the definite

opinion that a decision need to be taken on the application of

the petitioner without causing any further delay.

Accordingly, the writ petition is disposed of directing

the 1st respondent to take a final decision on Ext.P7 WP(C) No.42297/2018

application submitted by the petitioner, taking into account the

fact that similar conditions in patta are directed to be removed

by way of an amendment to the Kerala Land Assignment

Rules in the year 2017. A decision in this regard shall be

taken expeditiously, at any rate, within a period of two months.

Sd/-

N. NAGARESH, JUDGE

aks/18.02.2021 WP(C) No.42297/2018

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE (PATTA) NO.IA632/66 DATED 06.10.1971 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.3893/96 DATED 26.11.1996, TRANSFER OF REGISTRY DETAIL AND TAX RECEIPT DATED 15.6.2012

EXHIBIT P3 TRUE COPY OF THE GO(RT)NO.301/70/AD DATED 06.2.1976.

EXHIBIT P4            TRUE COPY OF      APPLICATION IN FORM II
                      SUBMITTED   ON    02.5.2013  TO  THE  5TH
                      RESPONDENT.

EXHIBIT P5            TRUE COPY OF THE REPORT DATED 18.5.2013
                      SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P6            TRUE COPY OF THE JUDGMENT DATED 27.6.2014

IN WP(C)NO, 19412/2013 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 04.7.2014 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.G4-12819/2014 DATED 28.8.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE VILACHIT ASSIGNING HIS RIGHT IN FAVOUR OF KURIEN JOSEPH AND RECEIPT NO.189 DATED 30.3.1969

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA DATED 09.10.2014 IN WP(C)NO, 24980/2014.

EXHIBIT P11 TRUE COPY OF THE REQUEST LETTER/REPORT OF THE 3RD RESPONDENT DATED 30.10.2014 BEFORE THE 1ST RESPONDENT.

WP(C) No.42297/2018

EXHIBIT P12 TRUE COPY OF THE O.R.NO.32/2013 INITIATED AGAINST THE PETITIONER INCLUDING THE LIST OF TREE LOGS SEIZED WHICH IS SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM DATED 02.8.2013.

EXHIBIT P13 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL.M.C.NO, 4745/2015 DATED 06.10.2015.

EXHIBIT P14 TRUE COPY OF THE SANCTION ORDER OBTAINED BY SRI CHACKHO RAPHEAL OVELI DATED 09.11.2012 WITH SCHEDULE OF ITEM OF TREES ITS LENGTH AND SIZE.

EXHIBIT P15 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT DATED 29.4.2015.

EXHIBIT P16           TRUE COPY OF THE THREE REPORTS PUBLISHED
                      IN    MALAYALA   MANORAMA    AND    DEEPIKA

NEWSPAPERS DURING JULY/AUGUST 2018.

EXHIBIT P17 TRUE COPY OF THE GOVERNMENT ORDER WITH REGARD TO THE AMENDMENT OF KERALA TREE PROTECTION ACT DATED 25.7.2018.

EXHIBIT P18 TRUE COPY OF THE CIRCULAR NO-

U3/187/2019/REV DATED 11.3.2020 ISSUED BY 1ST RESPONDENT

EXHIBIT P19 TRUE COPY OF THEG.O.(MS) NO-

261/2020/REV.DATED 24.10.2020 ISSUED BY FIRST RESPONDENT

ncd