Thressiamma Joseph vs State Of Kerala
2021 Latest Caselaw 22900 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                         WP(C) NO. 23879 OF 2021
PETITIONER:

              THRESSIAMMA JOSEPH
              AGED 70 YEARS
              W/O.LATE JOSE FRANCIS,
              PUTHUPARAMBIL HOUSE, NOCHIPPULLY.P.O, MUNDUR,
              PALAKKAD,PIN-678592.
              BY ADV M.C.JOHN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
              FOREST AND WILD LIFE(W&LD)DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM,
              PIN-695001.
     2        THE CHIEF CONSERVATOR AND CUSTODIAN OF VESTED FORESTS,
              EASTERN CIRCLE, 'ARANYABHAVAN', FOREST COMPLEX,
              OLAVAKODE, PALAKKAD,
              PIN-678002.
     3        THE DIVISIONAL FOREST OFFICER(DFO),
              OFFICE OF THE DFO, KALLEKULANGARA.P.O,
              PALAKKAD, PIN-678009.


              SRI.T.P SAJAN SPL GP (FOREST)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23879 OF 2021             2




                            JUDGMENT

Dated this the 23rd day of November, 2021

The petitioner, who is a widow and legal representative of

late Jose Francis who died on 14.04.1997, has filed this writ

petition seeking to direct the respondent Nos. 1 to 3 to finalise

the proceedings for restoration of the properties covered by

O.A.Nos. 544/74, 686/74 & 687/74 appended to Exhibit P1 order

of the Forest Tribunal, Palakkad and owned by the petitioner as

per Exts. P2, P3 and P4 sale deeds.

2. The petitioner submits that she is the absolute owner

in possession of the scheduled properties in O.A.No.544/74,

686/74 & 687/74 covered by Ext.P1 Order of the Forest Tribunal,

Palakkad by virtue of Exts.P2, P3 & P4 sale deeds. Inspite of

Ext.P1 Order of the Forest Tribunal, which was passed as early

on 02.09.1977, the respondents have failed to restore the

properties in terms of Section 8(3)(b) of the Kerala Private

Forests (Vesting & Assignment) Act, 1971. Therefore, the

petitioner is before this Court.

3. The learned Special Government Pleader (Forests)

on instruction submitted that the restoration of land is a lengthy

process involving measurement of forest land and several inter

departmental communications and transactions. The

measurement of the property is already over. Now there are

certain administrative requirements. The Range Officer has to

make a proposal to the Divisional Forest Officer. The Divisional

Forest Officer in turn will make a site visit and after assessing

the area, he will submit his proposal before the Chief

Conservator of Forest. Thereafter also there are some

administrative procedures, which may take some time.

4. I have heard the learned counsel for the petitioner

and the learned Special Government Pleader (Forests).

5. The fact remains that the Tribunal has ordered

restoration of the land as early in the year 1977. Therefore, there

cannot be indefinite delay in restoring the land to the petitioner.

At the same time, the respondent shall be given reasonable time

to complete the procedural requirements.

In the circumstances, the writ petition is disposed of

directing the respondents to restore the scheduled properties in

O.A. Nos. 544/74, 686/74 & 687/74 covered by Ext.P1 Order of

the Forest Tribunal, Palakkad, within a period of six months.

Sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 23879/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMON ORDER DATED 02.09.1977 OF THE FOREST TRIBUNAL PALAKKAD IN O.A.NO.544/74 AND CONNECTED CASES.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.765 DATED 02.04.1987 EXECUTED BY THOMAS IN FAVOUR OF JOSE FRANCIS Exhibit P3 TRUE COPY OF THE SALE DEED NO.766 DATED 02.04.1987 EXECUTED BY GEORGE IN FAVOUR OF JOSE FRANCIS Exhibit P4 TRUE COPY OF THE SALE DEED NO.767 DATED 02.04.1987 EXECUTED BY JACOB IN FAVOUR OF THE PETITIONER Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.03.1993 ISSUED BY THE VILLAGE OFFICER, MUNDUR I TO THE PETITIONER'S HUSBAND Exhibit P6 TRUE COPY OF THE DEATH CERTIFICATE NO.44/97,DATED 16.04.1997 ISSUED BY THE MUNDUR GRAMA PANCHAYATH Exhibit P7 TRUE COPY OF THE COMMUNICATION NO.P-8057 (OA 544/74, 685/74, 687/74) DATED 06.12.2011 ISSUED BY THE 3RD RESPONDENT TO PETITIONER.