Johny Mathew vs State Of Kerala
2021 Latest Caselaw 1758 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).No.2770 OF 2017(U)


PETITIONERS:

      1        JOHNY MATHEW
               AGED 65 YEARS, S/O MATHEW, NJARALAKKATTU HOUSE,
               MALAYINCHI P.O, UDUMBANNOOR, IDUKKI.

      2        JOSE MATHEW
               AGED 54 YEARS, S/O MATHEW, NJARALAKKATTU HOUSE,
               MALAYINCHI P.O., UDUMBANNOOR,
               IDUKKI.

      3        JOJO MATHEW
               AGED 41 YEARS, S/O MATHEW, NJARALAKKATTU HOUSE,
               MALAYINCHI P.O., UDUMBANNOOR, IDUKKI.

      4        JOMIN JOHNY
               AGED 34 YEARS, S/O JOHNY MATHEW,
               NJARALAKKATTU HOUSE, MALAYINCHI P.O.,
               UDUMBANNOOR, IDUKKI.

               BY ADVS.
               SRI.JOBY JACOB PULICKEKUDY
               SRI.ANIL GEORGE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESNETED BY ITS CHIEF SECRETARY,
               SECRETARIATE, THIRUVANANTHAPURAM, PIN-695001.

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, PAINAVU, IDUKKI,
               PIN:685602.

      3        THE SPECIAL TAHSILDAR (LAND ASSIGNMENT)
               KARIMANOOR, THODUPUZHA, IDUKKI, PIN-685581.

      4        THE DIVISIONAL FOREST OFFICER,
               DIVISIONAL FOREST OFFICE, KOTHAMANGALAM DIVISION,
               KOTHAMANGALAM, PIN-686691.
 WP(C).No.2770 OF 2017(U)       2



      5      THE FOREST RANGE OFFICER
             MUTTOM P.O., THODUPUZHA,
             PIN-685584.



             SRI SANDESH RAJA, SPL GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2770 OF 2017(U)              3




                            JUDGMENT

The petitioners 1 to 3 are brothers and the 4th petitioner is the

son of the 1st petitioner. They state that they are the owners in title

and possession of property having a total extent of 11 Acres falling in

Old Sy. No.61/1C of Block No.39 of Udumbannoor Village. They contend

that in the year 2001, the Forest officers trespassed into their property

and destroyed the agricultural activities undertaken in the property.

They lodged complaints before the revenue authorities. When no action

was taken, they approached this Court and filed O.P.No.1801/2003

which was disposed of by this Court directing the petitioners to

approach the 2nd respondent and to raise their grievance and the said

respondent was directed to take appropriate action. The petitioners

state that the 3rd respondent after due enquiry submitted Ext.P3 letter

that the petitioners are possessing the property on the strength of valid

pattayams and that their property has been included in the joint

verification list of Thodupuzha Forest range. On the basis of the said

report, the 2nd respondent issued Ext.P4 communication to the 4th

respondent informing the said authority that the property has been

included in the joint verification list and they were directed to submit

their report with a view to conclude the proceedings. When no action

was taken, Ext.P5 communication was issued directing the 4th

respondent to submit the report as called for. The petitioner states that

till date, the 4th respondent has not responded to the directions issued

by the 2nd respondent. It is in the afore circumstances that this writ

petition has been filed seeking the following reliefs:

i. Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the 2nd respondent to take immediate

steps to demarcate the property of the petitioners which is

included in the joint verification list as Serial Nos.791, 792 and

793 forthwith.

ii. Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the respondents 4 and 5 to submit a

report to the 2nd respondent on the basis of Exts.P3 and P4

forthwith.

2. I have heard Sri. Joby Jacob Pulickekudy, the learned counsel

appearing for the petitioners and Sri. Sandesh Raja, the learned Special

Government Pleader.

3. It is submitted by the learned Special Government Pleader that

though steps were taken to survey the land in question in the presence

of the Forest officers and also to demarcate the property, the same has

not been completed. He submits that the respondents have no objection

in allowing the prayer as sought for.

4. In the result, the following directions are issued:

i) The respondents 4 and 5 shall, expeditiously and

without fail, submit the report as called for by the 2nd

respondent within a period of 3 months from today.

ii) On submission of such report, the 2nd respondent shall

conclude the proceedings and demarcate the property of

the petitioners which are stated to be included in the

joint verification list as Serial Nos.791, 792 and 793.

iii) The entire exercise shall be concluded within a period

of six months from the date of receipt of a copy of this

judgment.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE

NS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE JUDGMENT IN OP NO.1801/2003.

EXHIBIT P2 TRUE PHOTOCOPY OF THE LETTER DATED 29.8.2013 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER DATED 30.11.2013 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER DATED 12.12.2013 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER NO.C3-

28919/2001 DATED 28.3.2015.

EXHIBIT P6 TRUE PHOTOCOPY OF NOTICE DATED 5.10.2001 ISSUED BY THE TALUK SURVEYOR, THODUPUZHA TO THE 4TH RESPONDENT AND ALSO TO THE PETITIONERS

EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED 03.11.2017 BY THE TAHASILDAR, (LR)

EXHIBIT P7(a) TRUE PHOTOCOPY OF THE REPORT OF THE TAHASILDAR

EXHIBIT P7(b) TRUE PHOTOCOPY OF THE REPLY OF THE STATE PUBLIC INFORMATION OFFICER

EXHIBIT P8 TRUE PHOTOCOPY OF REPLY UNDER THE RIGHT TO INFORMATION ACT DATED 15.9.2015

EXHIBIT P8(a) TRUE PHOTOCOPY OF THE LETTER DATED 9.3.2015 ISSUED BY THE SPECIAL TAHSILDAR TO THE DISTRICT COLLECTOR, IDUKKI

EXHIBIT P8(b) TRUE PHOTOCOPY OF THE SKETCH

EXHIBIT P9 TRUE PHOTOCOPY OF PATTA

EXHIBIT P10 TRUE PHOTOCOPY OF PATTA NO.164/13 DATED 17.10.2013 ISSUED BY SPECIAL TAHASILDAR IN FAVOUR OF GRACY MATHEW

EXHIBIT P11 TRUE PHOTOCOPY OF PATTA NO.628/2001 DATED

28.9.2001 ISSUED BY SPECIAL TAHASILDAR IN FAVOUR OF THE 4TH PETIITONER

EXHIBIT P12 TRUE PHOTOCOPY OF LETTER DATED 26.2.2014 ISSUED BY THE PUBLIC INFORMATION OFFICER AND SPECIAL TAHASILDAR, OFFICE OF THE SPECIAL TAHASILDAR, LAND ASSIGNMENT, KARIMANOOR

RESPONDENT'S/S EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE