Kerala High Court
Azhakuponnu vs State Of Kerala on 28 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 28TH DAY OF OCTOBER 2021/6TH KARTHIKA, 1943
WP(C) NO. 16931 OF 2021
PETITIONERS:
1 NAGARAJ T.,
S/O LATE THANKAVELU KOUNDER,
MONDIPATHI, GOVINDAPURAM POST,
MUTHALAMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
2 PAZHANISWAMI T.,
S/O LATE THANKAVELU KOUNDER,
MONDIPATHI, GOVINDAPURAM POST,
MUTHALAMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
3 KRISHNAKUMAR S.,
S/O LATE SIVASWAMI @ SIVASWAMI KOUNDER,
MONDIPATHI, GOVINDAPURAM POST,
MUTHALAMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FORESTS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIVISIONAL FOREST OFFICER,
DIVISIONAL FOREST OFFICE,
NENMARA COLLEGE POST, NENMARA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 508.
WP(C)No.21964/2021 & conn.cases
2
3 THE FOREST RANGE OFFICER,
FOREST RANGE OFFICE,
VATTEKKAD POST, KOLLENGODE,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
SRI.SANGEETH C.U., G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2021, ALONG WITH WP(C).17194/2021,
17229/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.21964/2021 & conn.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY,THE 28TH DAY OF OCTOBER 2021/6TH KARTHIKA,1943
WP(C) NO. 17194 OF 2021
PETITIONERS:
1 KATHIRVEL G.,
S/O. LATE GOVINDRAJ,
MONDIPATHI, GOVINDAPURAMPOST,
MUTHALAMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
2 KARUPPASWAMI S.,
S/O. LATE SUBRAMANIA GOUNDER,
MONDIPATHI, GOVINDAPURAM POST,
MUTHALMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FORESTS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIVISIONAL FOREST OFFICER,
DIVISIONAL FOREST OFFICE,
NENMARA COLLEGE POST, NENMARA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 508.
WP(C)No.21964/2021 & conn.cases
4
3 THE FOREST RANGE OFFICER,
FOREST RANGE OFFICE,
VATTEKKAD POST, KOLLENGODE,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
BY GOVERNMENT PLEADER SRI.SANGEETH C.U.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2021, ALONG WITH WP(C).16931/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.21964/2021 & conn.cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY,THE 28TH DAY OF OCTOBER 2021/6TH KARTHIKA,1943
WP(C) NO. 17229 OF 2021
PETITIONERS:
1 AZHAKUPONNU, W/O.CHINNAN,
MONDIPATHI, GOVINDAPURAM POST,
MUTHALAMADA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
2 SUBBALAKSHMI,
D/O.LATE KRISHNAMMAL,
MONDIPATHI-ARASUMARATHUKADU,
GOVINDAPURAM POST, MUTHALAMADA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
3 ARUMUGHAM,
S/O.LATE KRISHAMMAL,
MONDIPATHI-ARASUMARATHUKADU,
GOVINDAPURAM POST, MUTHALAMADA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FORESTS,
GOVERNMENT SECRETARIAT,
WP(C)No.21964/2021 & conn.cases
6
THIRUVANANTHAPURAM-695 001.
2 THE DIVISIONAL FOREST OPFFICER,
DIVISIONAL FOREST OFFICE,
NENMARA COLLEGE POST, NENMARA,
CHITTUR TALUK, PALAKKAD DISTRICT-678 508.
3 THE FOREST RANGE OFFICER,
FOREST RANGE OFFICE, VATTEKKAD POST,
KOILENGODE, CHITTUR TALUK,
PALAKKAD DISTRICT-678 507.
BY GOVERNMENT PLEADER SRI.SANGEETH C.U.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2021, ALONG WITH WP(C).16931/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.21964/2021 & conn.cases
7
JUDGMENT
Dated this the 28th day of October, 2021
[WP(C)Nos.16931, 17194 & 17229 of 2021]
The petitioners in all these writ petitions are persons
holding property in Muthalamada I Village of Chittur Taluk in
Palakkad District. They have approached this Court seeking
to direct the respondents not to interfere with the possession
and enjoyment of the properties held by them.
2. The petitioners would submit that they and their
predecessors in interest, are in possession and enjoyment
of the respective properties for long. Agricultural operations
were carried out in the land since long and it is still being
carried on. The petitioners have in their possession strong
evidence to show that they have been enjoying the
properties. The petitioners state that in the recent past, the
officials of the various Departments have encroached upon
their land and they attempted to put 'jendas'. Though the
WP(C)No.21964/2021 & conn.cases
petitioners objected to such encroachment, their objections
were not heeded. Under such circumstances that the
petitioners have filed these writ petitions.
3. The learned Government Pleader submitted that
the writ petitions are not maintainable for the relief sought
for by the petitioners. If the petitioners have any claim over
the land notified as private forest, they have to approach the
Forest Tribunal which will be the competent Forum. For that
reason alone, these writ petitions are liable to be dismissed.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents.
5. Section 8 of the Kerala Private Forest (Vesting &
Assignment) Act, 1971 creates a mechanism for resolution
of such disputes. The case of the petitioners is that the
petitioners' predecessors were holding the land in question.
Therefore the land cannot be said to have been vested with
WP(C)No.21964/2021 & conn.cases
the Government. The petitioners are entitled to exemption
under Section 3 of the Kerala Private Forest (Vesting &
Assignment) Act, 1971. The petitioners claimed that their
forefathers have been in possession of the land for long
duration and hence they cannot be ousted without the
authority of law. In such circumstances, the petitioners
should be relegated to the competent Tribunal to establish
their rights.
In such circumstances, these writ petitions are
disposed of permitting the petitioners to approach the
competent Forest Tribunal within a period of one month. If
the petitioners approach the Tribunal within a period of one
month as directed above, the applications of the petitioners
should be considered on merits. The respondents shall
maintain status quo for a period of one month from today.
Sd/-
N. NAGARESH
JUDGE
ncd/28.10.2021
WP(C)No.21964/2021 & conn.cases
APPENDIX OF WP(C) 16931/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 21.12.1981 ISSUED IN THE NAME
OF THANKAVELU KOUNDER
Exhibit P2 TRUE COPY OF THE DOCUMENT DATED
20.9.1978 EXECUTED BY THANKAVELU
KOUNDER
Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED
3.4.1992 ISSUED ON REMITTING TAX IN
THE NAME OF ARATHAL
Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED
21.3.1993 ISSUED ON REMITTING TAX IN
THE NAME OF ARATHAL
Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED
4.2.1988 ISSUED IN THE NAME OF
SIVASWAMI @ SIVASWAMI KOUNDER
Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED
15.5.2001 ISSUED IN THE NAME EOF
SIVASWAMI @ SIVASWAMI KOUNDER
Exhibit P7 TRUE COPY OF POSSESSION CERTIFICATE
DATED 13.9.2005 ISSUED IN THE NAME OF
SAVITHIR WIFE OF THE LATE SIVASWAMI @
SIVASWAMI KOUNDER
Exhibit P8 TRUE COPY OF THE TAX RECEIPT DATED
24.9.2005 ISSUED IN THE NAME OF
SAVITHRI
Exhibit P9 TRUE COPY OF THE RESIDENTIAL
CERTIFICATE DATED 3.10.1992 ISSUED IN
THE NAME OF SIVASWAMI @ SIVASWAMI
KOUNDER
WP(C)No.21964/2021 & conn.cases
APPENDIX OF WP(C) 17194/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE DEED NO.985/2016 OF
SRO, KOLLENGODE.
Exhibit P2 TRUE COPY OF THE DEED NO.1756/2016 OF
SRO, KOLLENGODE.
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED ON 30.5.2019
ISSUED TO THE PETITIONER NO.1.
Exhibit P4 TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 23.3.1985 ISSUED TO SUBRAMANIA
GOUNDER.
Exhibit P5 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 21.12.2006 ISSUED
TO SUBRAMANIA GOUNDER.
Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED
22.12.2006 ISSUED TO SUBRAMANIA
GOUNDER.
WP(C)No.21964/2021 & conn.cases
APPENDIX OF WP(C) 17229/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED
NO.1363/1991 OF SRO, KOLLENGODE.
Exhibit P2 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 11.10.2002.
Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED
NO.1329/1991 OF SRO, KOLLENGODE IN
THE NAME OF LATE KRISHNAMMAL.
Exhibit P4 TRUE COPY OF THE PURCHASE CERTIFICATE
DATED 23.06.1993 ISSUED IN THE NAME
OF LATE KRISHNAMMAL.
RESPONDENTS' EXHIBITS
ANNEXURE R2(a) TRUE COPY OF THE RELEVANT PORTION OF
THE NOTIFICATION NO.B2-3590/2001
DATED 28.04.2001.
