K.V.Sajeer vs The State Of Kerala
2021 Latest Caselaw 9278 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.5164 OF 2021(U)


PETITIONER:

               K.V.SAJEER
               AGED 49 YEARS
               S/O. MUHAMMED ALI, SHAHINI MANZIL, H.S ROAD, NILAMBUR
               P.O. 679 329.

               BY ADVS.
               SRI.N.M.MADHU
               SMT.C.S.RAJANI

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2        THE CUSTODIAN OF VESTED FORESTS,
               KOZHIKODE 673 001.

      3        THE DIVISIONAL FOREST OFFICER,
               NILAMBUR NORTH DIVISION, NILAMBUR 679 329.

      4        THE MALAPPURAM DISTRICT COLLECTOR,
               CIVIL STATION, MALAPPURAM 676 505.

      5        THE TAHSILDAR,
               NILAMBUR TALUK, POST NILAMBUR 679 329.

      6        THE TAHSILDAR (LAND RECORDS),
               NILAMBUR TALUK, POST NILAMBUR 679 329.

      7        THE TALUK SURVEYOR,
               NILAMBUR TALUK, POST NILAMBUR 679 329.

      8        THE VILLAGE OFFICER,
               POTHUKALLU VILLAGE, POTHUKALLU POST, MALAPPURAM
               DISTRICT 679 329.

      9        THE SUPERINTENDENT OF POLICE,
 WP(C).No.5164 OF 2021(U)

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             MALAPPURAM, MALAPPURAM DISTRICT 676 505

      10     THE SUB INSPECTOR OF POLICE,
             NILAMBUR, MALAPPURAM DISTRICT 679 329.



             ADV.SRI.SANDESHRAJA, SPL. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5164 OF 2021(U)

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                                  JUDGMENT

Dated this the 19th day of March 2021

The complaint of the petitioner is that

even after the Forest Tribunal had directed

the restoration of the property of the

petitioner which is covered as per Ext.P1

order dated 30.07.1983 and this Court as per

Exts.P2 and P4 judgments had directed to

finalise the proceedings for effecting the

restoration of the property in tune with

Ext.P1 order, so far, the property is not

measured, demarcated and given possession to

the petitioner. It is stated that subsequent

to Ext.P4 judgment, though the Forest Range

officer had restored possession of the

property to the petitioner as per Ext.P5

Mahassar, it amounts to symbolic possession

only. It is stated that as per Ext.P7 letter

dated 18.12.2018, the Tahsildar had directed WP(C).No.5164 OF 2021(U)

the Taluk Surveyor, Nilambur to conduct

survey and demarcation of the very same

property with the assistance of the Village

Officer and that it was followed by Ext.P8

letter dated 27.12.2018 for expediting the

matter. The petitioner complaints that even

after these, no action is taken for

demarcation of the property.

2. The learned Special Government

Pleader pointed out that the Forest Officials

have already restored the property and the

survey and demarcation is to be done by the

Taluk Surveyor.

3. In view of Ext.P7 order which was

passed on the basis of Ext.P4 judgment, there

and 8 to take appropriate action in tune with

Ext.P7 letter dated 18.12.2018 and to

complete the survey and demarcation of the

property covered by Ext.P3 sketch. On such

demarcation, the 8th respondent shall take WP(C).No.5164 OF 2021(U)

steps for mutation of the property in

accordance with law, as expeditiously as

possible, within a period of three months,

from the date of receipt of a copy of the

judgment.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.5164 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.7.1983 IN O.A. N. 32/1981 PASSED BY THE FOREST TRIBUNAL, MANJERI.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 02.09.2013 IN WPC NO. 19194/2013.

EXHIBIT P3 TRUE COPY OF THE SKETCH OF THE PROPERTY.

EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 06.01.2017 IN WPC NO. 18269/2015.

EXHIBIT P5 TRUE COPY OF THE MAHAZAR DATED 03.02.2018 PREPARED BY THE RANGE FOREST OFFICER, VAZHIKKADAVU RANGE.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 06/02/2018 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 18.12.2018 ISSUED BY THE 5TH RESPONDENT TO THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED BY THE 6TH RESPONDENT TO THE 8TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 02.09.2019 ISSUED BY THE 6TH RESPONDENT TO THE 8TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE