K.J.Kuriakose vs The State Of Kerala
2021 Latest Caselaw 12475 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

            TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943

                              W.P.(C) NO. 3480 OF 2020

PETITIONER/S:


     1. K.J.KURIAKOSE
     AGED 68 YEARS,
     S/O.JOSEPH,
     KUREEKOMBIL,
     UPPUTHARA,
     IDUKKI DISTRICT-685505

     BY ADVS BIJU C. ABRAHAM


RESPONDENT/S:


      1. THE STATE OF KERALA
      REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
      REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
      THIRUVANANTHAPURAM-695001

      2. THE STATE SPECIAL OFFICER AND COLLECTOR,
      GOVERNMENT LAND RESUMPTION,
      THIRUVANANTHAPURAM-695001

      3. THE DISTRICT COLLECTOR,
      IDUKKI DISTRICT,
      COLLECTORATE,
      IDUKKI-685603

      4. THE TAHSILDR,
      PEERMADE TALUK,
      IDUKKI DISTRICT 685538

      5. THE VILLAGE OFFICER
      UPPUTHARA VILLAGE,
      PEERMADE TALUK,
      IDUKKI DISTRICT-685505

      6. THE RANGE OFFICER
      KANJIAR P.O., IDUKKI DISTRICT-685588
      (CORRECTED AS)
      THE RANGE OFFICER,
      AYYAPPANCOVIL FOREST RANGE OFFICE,
      KANCHIYAR P O, KANCHIYAR,
      IDUKKI DISTRICT-685511
      AS PER ORDER DATED 08-04-2021 IN IA NO.2/2021
 W.P.(C) No.3480 of 2020

                                    2



OTHER PRESENT:


   SRI. SANDESH RAJA- SPL. G.P. (FORESTS)


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.05.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3480 of 2020

                                        3

                                  JUDGMENT

The petitioner, who is sated to be the owner in possession of

properties having an extent of 1.0117 ares and 0.001011 ares

comprised in Survey Nos. 338/32 and 338/33 respectively of

Upputhara Village, has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of certiorari to quash

Ext.P4 communication dated 31.01.2020 issued by the 4 th

respondent Tahsildar, whereby the petitioner is informed that the

3rd respondent District Collector, vide letter No.K1-7072/2021

dated 17.01.2020, has informed the 4th respondent that the

permission sought for to cut and remove trees standing on the

property in question need not be granted, since there is a dispute

relating to the ownership of that property. Therefore, the request

made by the petitioner for land status report can not be

considered. The petitioner has also sought for a writ of mandamus

commanding 4th respondent Tahsildar and 5th respondent Village

Officer to grant him certificate to produce before the 6 th

respondent Range Officer, in order to cut, remove and transport

teak trees standing on his property covered by Ext.P3 tax receipt

dated 02.04.2019.

2. On 26.03.2021, when this writ petition came up for W.P.(C) No.3480 of 2020

consideration, the learned counsel for the petitioner sought time to

file an application to correct the description of the 6 th respondent

appropriately. On 08.04.2021, the description of the 6 th respondent

was corrected as Range Officer, Ayyappancovil Forest Range Office,

Kanchiyar P.O., Kanchiyar, Idukki district, by the order dated

08.04.2021 in I.A. No.2 of 2021. The learned Special Government

Pleader was directed to get instructions and the matter was

ordered to be listed on 16.04.2021.

3. On 16.04.2021, the matter was adjourned to

18.05.2021, by directing the learned Special Government Pleader

to file statement.

4. Today, when the matter is taken up for consideration,

the learned counsel for the petitioner seeks permission to withdraw

this writ petition, since the petitioner proposes to sell his property.

Recording the above submission made by the learned counsel

for the petitioner, this writ petition is dismissed as withdrawn.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.3480 of 2020

APPENDIX

PETITIONER/S'S EXHIBITS

EXHIBIT P1 - TRUE COPY OF THE SALE DEED NO.1139/82 OF PEERMADE SRO IN SURVEY NO.338/32 AND 338/33 WITH RESPECT TO 1.0117 AREAS AND 0.001011 ARES RESPECTIVELY OF PROPERTY EXHIBIT P2 - TRUE COPY OF THE JUDGMENT DATED 31.1.2019 PASSED BY THIS HON'BLE COURT IN WP(C)NO.1712/2019 EXHIBIT P3 - TRUE COPY OF THE TAX RECEIPT DATED 2.4.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P4 - TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 31.1.2020 EXHIBIT P5 - TRUE COPY OF THE PROCEEDINGS NO.GLR(LR)210/15/PER-TCO DATED 12.8.2016 OF THE SPECIAL OFFICER AND COLLECTOR EXHIBIT P6 - TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C)NO.40002/2016 AND CONNECTED CASES EXHIBIT P7 - TRUE COPY OF THE JUDGMENT DATED 27.8.2019 PASSED BY THIS HON'BLE COURT IN WP(C)NO.14765/2019