Kerala High Court
A. Sathyaprakash vs District Collector on 3 September, 2021
WP(C) No.17690/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
WP(C) NO. 17690 OF 2021(I)
PETITIONER:
A. SATHYAPRAKASH, AGED 55 YEARS S/O. A. RAMACHANDRAN, 19/443, WOOD
HOUSE, CHALAPPURAM S. O., KOZHIKODE - 673 002.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE - 673
001.
2. TAHSILDAR LAND RECORDS, CIVIL STATION, KOZHIKODE - 673 001.
3. THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE - 673 001.
4. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICE,
CIVIL STATION, KOZHIKODE - 673 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 3 to issue a Provisional Possession
Certificate with respect to properties having an extent of 19.75 cents of
land which are comprised in T.S. No.19-18-514 for the purpose of issuance
of Forest License and other licenses for running the saw mill, pending
final disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s.NIRMAL.S, VEENA HARI Advocates for the petitioners the court passed
the following:
WP(C) No.17690/2021 2/4
DEVAN RAMACHANDRAN, J.
--------------------------------------------
W.P(C)NOS.17532 of 2021 & 17690 of 2021
---------------------------------------------
Dated this the 03rd day of September, 2021
ORDER
I have heard Smt.Veena Hari and am of the view
that in order to balance the rival contentions of
the parties in these cases, an interim order as
below is warranted.
Since the petitioners say that they are in
ownership of certain extents of land in various
survey numbers covered by title documents, I deem
it appropriate that they produce the same along
with all other relevant documents before the third
respondent Village Officer, who can then consider
the same and take a decision on Exhibits P5 and P6
representations respectively.
Resultantly, I direct the petitioners to mark
appearance before the third respondent at 11 a.m.
on 07.09.2021 with all relevant documents,
including the title deeds relied upon by them; in
which event, said Officer will consider the same
and make such other inspections as are necessary
WP(C) No.17690/2021 3/4
and report before this Court, if they are in
lawful possession of any land, as has been
asserted by them.
I make it clear that this interim order has
been issued taking note of the fact that, in spite
of Exhibit P1 judgment, no action as ordered
therein has still been completed and since the
petitioners say that they are in requirement of
the Possession Certificate from the third
respondent immediately so as to enable them to
obtain a Forest Licence.
List these cases on 20/09/2021 along with
W.P(C)Nos.16938 of 2021, 15206 of 2021, 16575 of
2021, 15587 of 2021, 15705 of 2021, 15877 of 2021,
16111 of 2021, 16283 of 2021 & 16403 of 2021.
Sd/-
Devan Ramachandran,
Judge
MC
03-09-2021 /True Copy/ Assistant Registrar
WP(C) No.17690/2021 4/4
APPENDIX OF WP(C) 17690/2021
Exhibit P5 TRUE COPY OF THE APPLICATION FOR THE FOREST LICENCE
DATED 23.07.2021 RECEIVED ON 11.08.2021.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 09.07.2021.
