Kerala High Court
C.A.Ramankutty vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 1613 OF 2011
PETITIONERS:
1 C.A.RAMANKUTTY, BELONGS TO HINDU
PULLUA CASTE (SC), MANJU NIVAS, MAILAMPILLY,,
NAMBULLYPURA.P.O., PALAKKAD.
2 SAHADEVAN.P.D. PUSHPAMANGALATH
PANNIYAMPADAM, MUTTIKULANGARA.P.O.,PALAKKAD.
3 MOHANKUMAR.M.R. MOHANALAYAM
KUNDALASSERY.P.O., PALAKKAD.
4 C.S.THOMAS THOPPIL HOUSE
MALAMPUZHA DAM.P.O.
5 T.S.JOSEPH THOPPIL HOUSE
MALAMPUZHA DAM.P.O.
6 BALASUBRAMANIAN, PAKKUNNIDATHIL
MALAMPUZHA DAM.P.O.
7 GOVINDAN, RAKKUNNIDATHIL
MALAMPUZHA DAM.P.O.
8 CHACKO.N.C., NASIKKUZHIYIL HOUSE
MALAMPUZHA DAM.P.O.
9 R.CHANDRASEKHARA PANICKER
VIJAYA ESTATE, VADASSERY, PALAKKAD.
10 K.NARAYANAN, KARAMPADAM HOUSE
MUDAPPELLOOR.P.O., PALAKKAD.
11 K.KRISHNAN, KARAMPADAM HOUSE
MUDAPPELLOOR.P.O., PALAKKAD.
12 R.SASIKUMAR, VALIYAKUZHIPADAM
CHITTILAMCHERY.P.O., PALAKKAD.
13 V.V.GEORGE, VADAKKEKARA
ERATTAKULAM.P.O., PALAKKAD.
14 V.V.JOSEPH, VADAKKEKARA
ERATTAKULAM.P.O., PALAKKAD.
15 JOSEPH GEORGE
VADAKKEKARA, ERATTAKULAM.P.O., PALAKKAD.
16 JOJI GEORGE
VADAKKEKARA, ERATTAKULAM.P.O., PALAKKAD.
17 TOM GEORGE
VADAKKEKARA, ERATTAKULAM.P.O., PALAKKAD.
18 V. AMMU ALAMKODE HOUSE
OLAVAKKODE.P.O., PALAKKAD-678002.
BY ADVS.
SRI.P.BABU KUMAR
W.P.(C).No.1613/2011
2
SRI.P.YADHU KUMAR
RESPONDENTS:
1 STATE OF KERALA, REP. BY PRINCIPAL
SECRETARY TO GOVERNMENT, FOREST & WILD LIFE,,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE CUSTODIAN OF VESTED FOREST
EASTERN CIRCLE, OLAVAKKOD,, PALAKKAD-678001.
3 DEPARTMENT OF FOREST AND WILD LIFE
GOVERNMENT OF INDIA, KRISHIBHAVAN, NEW DELHI-
110006
4 GOVERNMENT OF INDIA REP. BY PRINCIPAL
SECRETARY TO ENVIRONMENT & FOREST, CENTRAL
SECRETARIAT, NEW DELHI-110006
BY ADV SRI.T.P.SAJAN, SPL. GOVT. PLEADER FOR
FOREST DEPART
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.1613/2011
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.1613 of 2011
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Dated this the 29th day of October, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to constitute a committee under Sec.
4 of the Kerala Private Forest Vesting and
Assignment Rules, 1974 to decide the suitability
of the land that may be assigned to the individuals
and to decide the eligibility of the applicants for
assignments.
ii. Issue a declaration that government is duty bound
to distribute the forest land taken over by the
government due to the operation of the Private
Forest Vesting & Assignment of Land Act, 1971.
iii. Issue any other appropriate writ, order or
direction, which this Hon'ble Court deems fit and
proper in the nature and circumstance of the
case.
2. It is the case of the petitioners that they are small
scale agriculturalists who are affected by the implementation
of the Kerala Private Forests (Vesting and Assignment) Act.
W.P.(C).No.1613/2011
The properties of the petitioners were declared as vested
forests. The petitioners approached Forest Tribunal with an
original application and the same was dismissed and the order
of the Forest Tribunal was confirmed by this Court in appeal.
In such circumstances, the grievance of the petitioners is that
they may be given land for cultivation and for residence. The
petitioners relied various provisions in the Kerala Private
Forests (Vesting and Assignment) Act.
3. Heard the counsel for the petitioners and the
Government Pleader.
4. After hearing both sides, I am of the view that this
grievance is to be considered by the 1st respondent. I don't
want to make any observation about the merit of the case.
The petitioner can approach the 1st respondent with a
representation and if such a representation is received, the 1 st
respondent can consider the same in accordance to law, after
hearing the grievance of the petitioners.
Therefore, this writ petition is disposed in the following
manner:
1. The petitioners are free to file a representation
before the 1st respondent narrating their
W.P.(C).No.1613/2011
grievance by way of a representation, within
one month from the date of receipt of a copy of
this judgment.
2. Once such a representation is received, the 1 st
respondent will consider the same and take
appropriate action in accordance to law, after
giving an opportunity of hearing to the
petitioners, as expeditiously as possible, at any
rate, within six months from the date of receipt
of such representation.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.1613/2011
APPENDIX OF WP(C) 1613/2011
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE COMMUNITY CERTIFICATE
ISSUED BY THE TAHSILDAR DATED
17.12.2008
EXHIBIT P2 COPY OF THE REPRESENTATION BEFORE THE
1ST RESPONDENT DATED 30.09.2010
