Kerala High Court
Sudheer Kumar vs The Secretary, Forest Dept on 1 October, 2021
WP(C)NOS.11930 of 06, 12367
& 30464 of 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 11930 OF 2006
PETITIONER/S:
1 *SUDHEER KUMAR, PARACHAL ROAD,
VAKAYAD P.O., NADAVANNOOR, KOZHIKODE.
2 **THAROL PRABHAKARAN NAIR *(EXPIRED)
AITANALLOOR AMSOM, POONATH DESOM,, KOYILANDI TALUK, (THE FIRST
PETITIONER IS, REPRESENTED BY THE 2ND PETITIONER, HIS POWER, OF
ATTORNEY HOLDER).
ADDL.P3. SUMATHI AMMA,W/O LATE PRABHAKARAN NAIR, RESIDING AT VELLAPPALAM
VEEDU, KUNNIYULLA CHALIL, AVITTNALLOOR AMSOM, POONATH DESOM,
KOYILANDI TALUK
ADDL.P4. PRANEESH.A.K
S/O THAROL PRABHAKARAN NAIR, ARAMKOTTAKKAL HOUSE, POONATH P.O.,
NADUVANNUR VIA, KOZHIKODE
ADDL.P5. PRASANTH.A.K,S/O THAROL PRABHAKARAN NAIR, ARAMKOTTAKKAL HOUSE,
POONATH P.O., NADUVANNUR VIA, KOZHIKODE
BY ADV SRI.B.KRISHNA MANI
RESPONDENT/S:
1 THE SECRETARY, FOREST DEPT.
FOREST DEPARTMENT, GOVERNMENT OF KERALA,, THIRUVANANTHAPURAM.
2 THE DIVISIONAL FOREST OFFICER
FOREST DEPARTMENT, SPECIAL DIVISION,, KOZHIKODE.
ADDL R3 V CARE ENTERPRISES INDIA PRIVATE LIMITED, CORPORATE OFFICE AT
163/1, BASAVANAGUDI, HEBBAL, MYSORE - 570016 REPRESENTED BY ITS
MANAGING DIRECTOR, MOHANDAS K.V., S/O P.V.RAMAKRISHNA, 163/1
HEBBAL COLONY, 6TH CROSS, BASAVANAGUDI, MYSORE, KARNATAKA
ADDL.P3 TO P5 AND ADDL.R3 ARE IMPLEADED AS PER ORDERS DATED
1.10.21 IN IA 3/21 AND IA 1/21 RESPECTIVELY IN WPC NO 11930/2006
OTHER PRESENT:
SRI.T.P.SAJAN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021,
ALONG WITH WP(C).12367/2013, 30464/2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C)NOS.11930 of 06, 12367
& 30464 of 2013 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 12367 OF 2013
PETITIONER/S:
1 THAROL PRABHAKARAN NAIR *(DIED)
PARACHAL HOUSE, AVITTANALLOOR AMSOM, POONATH
DESOM,KOYILANDI TALUK.
2 THAROL ABHILASH
S/O.KAMALAMMA, VELLAPPALAN VEEDU, THRIKKATTUSSERY
AMSOM, VAKERYAYADU DESOM, KOYILANDI TALUK.
3 SUDHAKARAN
S/O.MEENAKSHI AMMA, MEETHALE CHALIL, CHANGAROTH
AMSOM, AVITTANALLOOR AMSOM,POONATH DESOM,KOYILANDI
TALUK
4 *RECORDED AS LEGAL HEIR OF THE DECEASED 1ST PETITIONER
[SUMATHI AMMA, D/O.MEENAKSHI AMMA, VELLAPPALAN VEEDU,
KUNNIYULLA CHALIL, AVITTANALOOR AMSOM, POONATH DESOM,
KOYILANDI TALUK]
ADDL.P5 PRANEESH.A.K
S/O THAROL PRABHAKARAN NAIR, ARAMKOTTAKKAL HOUSE, POONATH P.O.,
NADUVANNUR VIA, KOZHIKODE
ADDL.P6 PRASANTH.A.K,S/O THAROL PRABHAKARAN NAIR, ARAMKOTTAKKAL HOUSE,
POONATH P.O., NADUVANNUR VIA, KOZHIKODE
*4TH PETITIONER IS RECORDED AS THE LEGAL HEIR OF THE DECEASED
1ST PETITIONER AND ADDITIONAL PEITIONER P5 AND P6 ARE IMPLEADED
AS THE LEGAL HEIRS OF THE DECEASED FIRST PETITIONER AS PER ORDER
DATED 1.10.2021 IN IA NO.1/2021 IN WPC NO. 12367/2013.
BY ADVS.
B.KRISHNA MANI
D.KESAVAN NAIR
RAHUL VENUGOPAL
N.V.SANDHYA
RESPONDENT/S:
WP(C)NOS.11930 of 06, 12367
& 30464 of 2013 3
1 THE TAHSILDAR, KOYILANDI TALUK
KOZHIKODE DISTRICT 673 305.
2 THE VILLAGE OFFICER
KANATHALADU VILLAGE, KOZHIKODE DISTRICT 673 315
3 THE FOREST RANGE OFFICER
PERIVANNAMUZHI RANGE, KOZHIKODE DISTRICT 673 528.
BY SRI.T.P.SAJAN, SPL.GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, ALONG WITH WP(C).11930/2006 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NOS.11930 of 06, 12367
& 30464 of 2013 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 30464 OF 2013
PETITIONER/S:
SUDHEERKUMAR. K
PARAKKAL HOUSE, VAKAYAD POST, KOYILANDI TALUK,
KOZHIKODE DISTRICT
BY ADV SRI.B.KRISHNA MANI
RESPONDENT/S:
1 THE TAHSILDAR
KOYILANDI TALUK, KOZHIKODE DISTRICT 673305
2 THE VILLAGE OFFICER
KANTHALADU VILLAGE, KOZHIKODE DISTRICT 673315
3 THE FOREST RANGE OFFICER
PERIVANNAMUZHI RANGE, KOZHIKODE DISTRICT 673528
ADDL.R4 V CARE ENTERPRISES INDIA PRIVATE LIMITED, CORPORATE OFFICE AT
163/1, BASAVANAGUDI, HEBBAL, MYSORE - 570016 REPRESENTED BY ITS
MANAGING DIRECTOR, MOHANDAS K.V., S/O P.V.RAMAKRISHNA, 163/1
HEBBAL COLONY, 6TH CROSS, BASAVANAGUDI, MYSORE, KARNATAKA
ADDL.R4 IMPLEADED AS PER ORDER DATED 1.10.21 IN IA 1/21
BY SRI.T.P.SAJAN, SPL.GP(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, ALONG WITH WP(C).11930/2006 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NOS.11930 of 06, 12367
& 30464 of 2013 5
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos.11930 of 2006 and
12367 & 30464 of 2013
--------------------------------------
Dated this the 1st day of October, 2021
JUDGMENT
These three writ petitions are connected and therefore, I
am disposing of these writ petitions by a common judgment. I
will consider the facts in W.P.(C.) No. 11930 of 2006.
2. It is the case of the petitioners in W.P.(C.) No. 11930
of 2006 that, they along with 6 others purchased 29.708 acres of
property in Koyilandy Taluk. Ext.P1 is the sale deed. It is the
case of the petitioners that there was a partition suit, which
resulted in Ext.P3 final decree. It is further stated in the writ
petition that in the execution proceedings, the properties were
allotted to the petitioners and the other sharers. At this stage,
the petitioners came across a list issued by the Forest
Department as evident by Ext.P12, in which the property of the
petitioners is demarcated as 'vested forest'. Aggrieved by this,
this writ petition is filed.
3. Heard the learned counsel for the petitioners and the
WP(C)NOS.11930 of 06, 12367
learned Special Government Pleader (Forest).
4. It is the case of the petitioners that the properties in
dispute belongs to them for several decades. It is the case of the
Forest Department that it is a vested forest. The Government
Pleader submitted that, if the petitioners are aggrieved, their
remedy is before the Forest Tribunal.
5. As far as W.P.(C.) No. 12367/2013 and W.P.(C.)
No.30464/2013 are concerned, those are petitions filed to accept
property tax. At this stage, I am not in a position to decide the
same because there is a dispute about the property itself.
Therefore, those writ petitions can be closed, giving liberty to
the petitioners to raise the same, at appropriate stage before the
appropriate authority.
6. This Court, while invoking jurisdiction under Article
226 of the Constitution of India, cannot decide or pass any
orders in these disputed questions. The parties have to approach
before the Forest Tribunal to resolve this issue. I do not want to
make any observation about the merit of the case. The
petitioners are free to approach Forest Tribunal to resolve the
issue. To facilitate the parties to approach the Tribunal
WP(C)NOS.11930 of 06, 12367
concerned, there can be an interim order not to dispossess the
petitioners for a period of two months.
Therefore, these writ petitions are disposed in the following
manner :
1) The parties in these writ petitions are free to approach
the Forest Tribunal to resolve the disputes, if any.
2) For facilitating the parties to approach the Forest
Tribunal, the official respondents shall not dispossess
the petitioners for a period of two months from today.
3) The contentions of the petitioners in W.P.(C.)
Nos.12367 of 2013 and 30464 of 2013 are left open.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C)NOS.11930 of 06, 12367
APPENDIX OF WP(C) 11930/2006
PETITIONER EXHIBITS
EXT P1 TRUE COPY OF THE SALE DEED DATED 9.2.1995
EXT.P2 TRUE COPY OF THE PLAINT IN OS NO. 221/1995
BEFORE THE SUB COURT, KOYILANDI
EXT.P3 TRUE COPY OF THE FINAL DECREE DATED 15.6.1998
EXT.P4 TRUE COPY OF THE PLAN
EXT.P5 TRUE COPY OF THE APPLICATION DATED 11.2.1998
PRAYING FOR AMENDMENT OF THE PLAINT
EXT.P6 TRUE COPY OF THE DELIVERY REPORT DATED
23.3.1999
EXT.P7 TRUE COPY OF THE TAX RECEIPT DATED 29.4.2005
EXT.P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
29.4.2005
EXT.P9 TRUE COPY OF THE TAX RECEIPT DATED 29.4.2005
EXT.P10 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
29.4.2005
EXT.P11 TRUE COPY OF THE DELIVERY REPORT DATED
29.9.1999
EXT.P12 TRUE COPY OF THE LIST ISSUED BY THE FOREST
DEPARTMENT
EXT.P13 A TRUE COPY OF THE SALE DEED DATED 26.11.2015
EXT.P14 A TRUE COPY OF THE TAX RECEIPT DATED 22.2.2018
WP(C)NOS.11930 of 06, 12367
APPENDIX OF WP(C) 12367/2013
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 9/2/195
EXHIBIT P2 TRUE COPY OF THE PLAINT, OS NO.221/1995
BEFORE THE SUB COURT, KOYILANDI DATED NIL
EXHIBIT P3 TRUE COPY OF THE FINAL DECREE DATED
15/6/1998 IN OS NO.221/1995 BEFORE THE SUB
COURT, KOYILANDI
EXHIBIT P4 TRUE COPY OF THE EXT.C6 PLAN MENTIONED IN
FINAL DECREE DATED 15/6/1998 IN OS
NO.221/1995 BEFORE THE SUB COURT, KOYILANDI
EXHIBIT P5 TRUE COPY OF THE APPLICATION, IA NO.1381/96
DATED 11/2/1998 IN OS NO.221/1995 BEFORE
THE SUB COURT, KOYILANDI
EXHIBIT P6 TRUE COPY OF THE DELIVERY REPORT DATED
23/3/1999
EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT DATED
29/4/2005
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29/4/2005
EXHIBIT P9 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29/4/2005
EXHIBIT P10 TRUE COPY OF THE TAX RECEIPT DATED
29/4/2005
EXHIBIT P11 TRUE COPY OF THE DELIVERY REPORT OF THE
AMIN IN RESPECT OF PLOT B AS MENTIONED IN
EXT.P3
EXHIBIT P12 TRUE COPY OF THE LIST ISSUED BY THE FOREST
DEPARTMENT
EXHIBIT P13 TRUE COPY OF THE TAX RECEIPT DATED
WP(C)NOS.11930 of 06, 12367
30/6/2003
EXHIBIT P14 TRUE COPY OF THE TAX RECEIPT DATED
8/12/2006
EXHIBIT P15 TRUE COPY OF THE TAX RECEIPT DATED
8/12/2006
EXHIBIT P16 TRUE COPY OF THE TAX RECEIPT DATED
4/7/2009
EXHIBIT P17 TRUE COPY OF THE TAX RECEIPT DATED 4/7/209
EXHIBIT P18 TRUE COPY OF THE TAX RECEIPT DATED 2/8/2010
EXHIBIT P19 TRUE COPY OF THE TAX RECEIPT DATED 2/8/2010
EXHIBIT P20 TRUE COPY OF THE TAX RECEIPT DATED
30/6/2010
EXHIBIT P21 TRUE COPY OF THE TAX RECEIPT DATED
30/6/2010
EXHIBIT P22 TRUE COPY OF THE TAX RECEIPT DATED18/5/2010
EXHIBIT P23 TRUE COPY OF THE TAX RECEIPT DATED
18/5/2010
EXHIBIT P24 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 30/6/2003
EXHIBIT P25 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 15/12/2006
EXHIBIT P26 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 15/12/2006
EXHIBIT P27 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 3/3/2012
EXHIBIT P28 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 3/3/2012
WP(C)NOS.11930 of 06, 12367
EXHIBIT P29 TRUE COPY OF THE SKETCH ISSUED BY THE
VILLAGE OFFICER ALONG WITH THE ABOVE
POSSESSION CERTIFICATE
EXHIBIT P30 TRUE COPY OF THE SKETCH ISSUED BY THE
VILLAGE OFFICER ALONG WITH THE ABOVE
POSSESSION CERTIFICATE
EXHIBIT P31 TRUE COPY OF THE JUDGMENT DATED 18/8/2010
IN OP NO.17791/02 FILED BY THE 3RD
PETITIONER BEFORE THE HON'BLE HIGH COURT OF
KERALA AT ERNAKULAM.
EXHIBIT P32 TRUE COPY OF THE PROCEEDING DATEFD
24/6/2012 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P33 TRUE COPY OF THE PROCESSING DATED 24/6/2010
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P34 TRUE COPY OF THE WRIT PETITION, WPC
NO.11930/2006 DATED 2/4/06 BEFORE THE
HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
`
WP(C)NOS.11930 of 06, 12367
APPENDIX OF WP(C) 30464/2013
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 09-02-1995
EXHIBIT P2 TRUE COPY OF THE PLAINT OS NO221/1995 BEFORE THE
SUB COURT, KOYILANDI DATED NIL
EXHIBIT P3 TRUE COPY OF THE FINAL DECREE DATED 15-06-1998 IN
O.S NO 221/1995 BEFORE THE SUB COURT, KOYILANDI
EXHIBIT P4 TRUE COPY OF THE EXT C6 PLAN MENTIONED IN FINAL
DECREE DATED 15-06-1998 IN O.S NO 221/1995 BEFORE
THE SUB COURT, KOYILANDI
EXHIBIT P5 TRUE COPY OF THE APPLICATION, I.A NO 1381/96
DATED 11-02-1998 IN O.S NO 221/1995 BEFORE THE SUB
COURT, KOYILANDI
EXHIBIT P6 TRUE COPY OF THEDELIVERY REPORT DATED 23-03-1999
EXHIBIT P7 TRUE COPY OF THE DELIVERY REPORT DATED 30-09-99
EXHIBIT P8 TRUE COPY OF THE LIST ISSUED BY THE FOREST DEPARTMENT
EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT DATED 04-07-2009
EXHIBIT P10 TRUE COPY OF THE TAX RECEIPT DATED 30-06-2010
EXHIBIT P11 TRUE COPY OF THE TAX RECEIPT DATED 18-05-2012
EXHIBIT P12 TRUE COPY OF THE PROCEEDING DATED 29-04-2013 ISSUED BY
THE VILLAGE OFFICER, KANTHALAD
EXHIBIT P13 TRUE COPY OF THE PROCEEDING DATED 23-09-2013 ISSUED BY
THE TAHSILDAR, TALUK OFFICE, KOYILANDY
EXHIBIT P14 TRUE COPY OF THE RELEVANT PROTION OF WRIT PETITION, WPC
NO 12367/2013 DATED 04-05-2013 BEFORE THE HON'BLE HIGH
COURT OF KERALA AT ERNAKULAM
EXHIBIT P15 A TRUE COPY OF THE SALE DEED DATED 26.11.2015
EXHIBIT P16 A TRUE COPY OF THE TAX RECEIPT DATED 22.2.2018.
