V.Sreedevi vs The State Of Kerala
2021 Latest Caselaw 21994 Ker

WP(C) NO. 15626 OF 2012                   1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                            WP(C) NO. 15626 OF 2012
PETITIONER/S:

              V.SREEDEVI,W/O CHANDRAN, AGED 62 YEARS
              RESIDING AT HOUSE NO.9 DWARAKA KONGANAGAR
              RAMANATHAPURAM COIMBATORE TAMILNADU

              BY ADVS.
              SRI.T.C.SURESH MENON
              SRI.P.S.APPU
              SRI.K.A.ANAS
              SRI.A.R.NIMOD



RESPONDENT/S:

      1       THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY DEPARTMENT OF FORESTS
              THIRUVANANTHAPURAM 695001

      2       THE CONSERVATOR OF VESTED FORESTS OLAVAKKODE
              PALAKKAD 678 002

      3       THE DIVISIONAL FOREST OFFICER
              NENMARA PALAKKAD 678 508


OTHER PRESENT:

              SRI.T.P.SAJAN, SPL.GP(FOREST)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.11.2021,          THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15626 OF 2012              2


                      P.V.KUNHIKRISHNAN, J
                --------------------------------------------
                    W.P.(C.) No.15626 of 2012
                   --------------------------------------
            Dated this the 3rd day of November, 2021


                               JUDGMENT

The above writ petition is filed with following prayers :

(i) "call for the records leading to the issuance of Ext.P5 by the third respondent and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;

(ii) issue a writ in the nature of mandamus directing the respondents to restore possession of the property covered by Ext.P1 order to the petitioner as a coowner only;

(iii) declare that the insistence of production of legal heirship certificate of the co-owner is not warranted by the scheme of the Act particularly with reference to Section 8(3)(b) thereof; and

(iv) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case."

2. It is the case of the petitioner that the landed

property belonging to the petitioner and other co-owners of

an extent of 1.41 acres was exempted from vesting under the

Kerala Private Forests (Vesting and Assignment) Act, 1971.

Ext.P1 is the order passed by the Forest Tribunal on

13.7.1977. One of the legal heir of the applicant in Ext.P1

approached this Court earlier by filing W.P.(C.) No.

3180/2005 for restoration of the property in accordance to

Ext.P1 order. This Court directed the authorities to consider

the grievance within a time frame. Consequently, Ext.P3

order was passed by the authority concerned. Thereafter,

Ext.P4 was submitted by the petitioner, who is also one of the

legal heir of the original applicant in Ext.P1. Thereafter,

Ext.P5 proceedings was issued to one of the legal heir of the

applicant in Ext.P1. In Ext.P5, the officer concerned informed

that they have to produce the death certificate, the legal heir

certificate of the deceased original applicant in Ext.P1 and

other documents. Thereafter, the officer will do the needful.

The grievance of the petitioner is that even now the property

is not restored.

3. Heard the learned counsel for the petitioner and

the learned Special Government Pleader (Forest).

4. The learned counsel for the petitioner submitted

that though Ext.P1 order was passed in the year 1977, even

now the property is not restored to the legal heirs of the

original applicant. The Government Pleader, on the other

hand, submitted that the documents that are mentioned in

Ext.P5 are not furnished to the authorities and once the same

is furnished, the authorities concerned will do the needful, in

accordance to law.

5. In the light of the above submission, there can be a

direction to the petitioner to produce the documents

mentioned in Ext.P5 within a time frame and there can be a

direction to the authorities concerned to take appropriate

steps to restore the property, in tune with Ext.P1 to the legal

heirs of the original applicant within a time frame.

Therefore, this writ petition is disposed in the following

manner :

1) The petitioner is directed to produce the documents

mentioned in Ext.P5 within one month from the date of

receipt of a copy of this judgment before the 2 nd

respondent.

2) Once the 2nd respondent received the documents

mentioned in Ext.P5, the 2nd respondent will do the

needful to restore the property covered in Ext.P1 to the

legal heirs of the original applicant in Ext.P1, as

expeditiously as possible, at any rate, within 4 months

from the date of receipt of the documents mentioned in

Ext.P5.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1 TRUE COPY OF THE ORDER IN OA NO.301/1974 ON THE FILE OF THE

FOREST TRIBUNAL, PALAKKAD DATED 13.7.1977

EXT.P2 TRUE COPY OF THE JUDGMENT IN WPC NO. 3180/2005 ON THE FILE OF

THIS HON'BLE COURT DATED 28.1.2005

EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED

1.6.2005

EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER

TO THE THIRD RESPONDENT DATED 25.1.2012.

EXT.P5 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED

2.2.2012.

RESPONDENT'S EXHIBITS          :      NIL