Lillykkutty vs The State Of Kerala
2021 Latest Caselaw 10181 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.154 OF 2021(T)


PETITIONERS:

      1        LILLYKKUTTY
               AGED 65 YEARS
               W/O. SEBASTIAN, KUNNEL HOUSE, 5/73,
               KERALASSERY P.O, PALAKKAD, PIN - 678641.

      2        MARYKUTTY
               AGED 63 YEARS
               W/O.LUKE, KUNNEL HOUSE, 5/73,
               KERALASSERY P.O, PALAKKAD, PIN - 678641.

               BY ADV. SHRI.M.C.JOHN

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY ,
               FOREST AND WILD LIFE DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

      2        THE CHIEF CONSERVATOR OF FORESTS AND CUSTODIAN OF
               VESTED FORESTS, EASTERN CIRCLE,
               ARANAYABHAVAN COMPLEX, PALAKKAD DISTRICT,
               PIN - 678002,

      3        THE DIVISIONAL FOREST OFFICER
               PALAKKAD DIVISION, KALLEKULANGARA P.O,
               PALAKKAD, PIN - 678009.


OTHER PRESENT:

               SPL.GP.SRI.SANDESH RAJA.K

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.154 OF 2021(T)

                                     2


                             J U D G M E N T

Petitioners, are siblings, who claim to be the

absolute owners in possession and enjoyment of .7070

Hectares of land in Survey No.130/1 (Re survey

No.134/1) of Keralasserry Village, by virtue of Ext.P2

and P2(a) sale deeds dated 08.06.2016. It is stated

that they got the said property alienated from the

legal heirs of late Madhavan Unni Panicker who was the

applicant in O.A.No.506/1974 before the Forest

Tribunal, Palakkad which culminated in Ext.P1 order,

declaring that the said property is not a vested

forest. It is stated that late Madhavan Unni Panicker

was in uninterrupted possession and was engaged in

cultivation of the property. This writ petition was

filed alleging that the officers of the Forest

Department were encroaching into the property of

petitioners and started fixing the jundas.

2. The learned Special Government Pleader for

Forest submits that restoration on the basis of WP(C).No.154 OF 2021(T)

Ext.P1 order passed by the Forest Tribunal can be

effected only after the survey is completed. It is

submitted that though steps were taken for undertaking

survey it could not be commenced on account of the

prevailing circumstances including the climatic

conditions as well as the ensuing election to

legislative assembly, when the officers are deputed

for election duty.

Therefore the writ petition is disposed of

directing the respondents to see that the proceedings

for restoration of the land involved in Ext.P1 order

are completed after undertaking survey expeditiously

and at any rate within a period of 'eight weeks' from

the date of receipt of a copy of the judgment. Further

proceedings shall be completed within a further period

of 'two months'.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.154 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.04.1977 IN OA NO.506/74 OF THE FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 25.01.1990 IN FAVOUR OF FIRST PETITIONER.

EXHIBIT P2(a) TRUE COPY OF THE SALE DEED DATED 25.01.1990 IN FAVOUR OF SECOND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE BTR DATED 08.06.2016 ISSUED BY VILLAGE OFFICER TO PETITIONERS.

EXHIBIT P4 TRUE COPY OF POSSESSION CERTIFICATE DATED 11.03.2019 ISSUED BY VILLAGE OFFICER TO FIRST PETITIONER.

EXHIBIT P4(a) TRUE COPY OF THE REVENUE RECEIPT DATED 21.12.2020 ISSUED BY THE VILLAGE OFFICER TO FIRST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 02.03.2019 ISSUED BY 3RD RESPONDENT TO PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPHS DATED 14.01.2021 PETITION.