V.Rajamani vs State Of Kerala
2021 Latest Caselaw 18605 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                          WP(C) NO. 15263 OF 2019
PETITIONERS:

     1     V.RAJAMANI, AGED 70 YEARS, W/O. LATE A. KESAVAN,
           KURUPPATH HOUSE, METTUPALAYAM STREET, PALAKKAD-678 001

     2     V. SANTHAKUMARI, AGED 62 YEARS, W/O. P.P. GANGADHARAN,
           POKKATH HOUSE, KUZHALMANDAM, KALAPPETTI P.O,
           PALAKKAD-678 702

     3     V. SYAMNTHAKAM, AGED 60 YEARS, W/O. RAGHUVARAN. A,
           DHANYA NIVAS, ELAPPULLY, VENGODI P.O, PALAKKAD-678 622

     4     V. YESODHA, AGED 63 YEARS, W/O. N. MANI, MANAMKUTTI,
           NALLEPPULLY, THEKKEDESAM P.O, PALAKKAD-678 553

     5     T.V. PANKAJAKSHI, AGED 65 YEARS, W/O. P.V. RAJAN,
           KADAMBADIPURA, MUTTIKULANGARA, PALAKKAD-678 594

           BY ADVS.
           K.J.MOHAMMED ANZAR
           S.KRISHNA PRASAD (AYALUR)


RESPONDENTS:

     1     STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE
           DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN-695 001

     2     DISTRICT COLLECTOR, PALAKKAD, KENATHUPARAMBU,
           KUNNATHURMEDU, PALAKKAD, KERALA-678 013

     3     THE TAHSILDAR, PALAKKAD, KENATHUPARAMBU, KUNNATHURMEDU,
           PALAKKAD, KERALA-678 013

     4     THE VILLAGE OFFICER, PUTHUSSERY CENTRAL VILLAGE, SALEM-
           ERNAKULAM HIGHWAY, PALAKKAD, KERALA -678 622.

     5     DISTRICT INDUSTRIES CENTRE, PALAKKAD, KENATHUPARAMBU,
           KUNNATHURMEDU, PALAKKAD, KERALA-678 013, REPRESENTED BY
 WPC 15263/19
                                         2

               GENERAL MANAGER.

    6          EXECUTIVE ENGINEER, PWD BUILDING SECTION NO. II,
               CIVIL STATION, PALAKKAD-678 013

    7          ADDL.R7.CUSTODIAN OF VESTED FORESTS,
               EASTERN CIRCLE, OLAVAKKODE -2, PALAKKAD - 678
               002.

               (ADDL.R7 IMPLEADED AS PER ORDER DATED 26/8/19 IN
               I.A.1/19)

               BY GP - SMT.K.AMMINIKKUTTY


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   08.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 15263/19
                                        3



                          JUDGMENT

When this matter was called today, the

learned counsel for the petitioners conceded that

the property in question is now stated to have

been acquired, but that his clients have not been

informed of the same at any point of time; nor any

proceedings, as per law, have been taken in such

regard. He, therefore, prayed that this Writ

Petition be closed, with liberty to approach this

Court again, arraying proper parties and seeking

appropriate reliefs.

This Writ Petition is, therefore, closed

with the afore requested liberty being reserved to

the petitioners.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 15263/19

APPENDIX OF WP(C) 15263/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. 2704/E2/2015/F & WLD DT. 17.03.2015.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKKODE-2, BEARING NO. B4-12370/2013 DT. 24.04.2015.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD DT. 25.22.2015.

EXHIBIT P4 TRUE COPY OF THE SKETCH BY WHICH THE PROPERTY IS RESTORED TO THE PETITIONERS

EXHIBIT P5 TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY PETITIONERS AND OTHERS ACCEPTING THE PROPERTY RESTORED.

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS TO THE RESPONDENT NO.4 DT. 23/12/2015 SEEKING TO MUTATE THE PROPERTY IN THEIR NAME.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS TO THE MINISTER FOR REVENUE DT. 24.10.2016.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE RESPONDENT NO. 5 DT. 10.11.2016.

EXHIBIT P9 TRUE COPY OF THE REPLY ISSUED BY THE RESPONDENT NO.3 DT. 28.02.2018 IN WPC 15263/19

RESPONSE TO A RTI APPLICATION.

EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY RANGE FOREST OFFICER TO DIVISIONAL FOREST OFFICER DT. 01.12.2013.

EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE RANGE FOREST OFFICER, VALAYAR TO RESPONDENT NO. 3 DT. 27.06.14 REQUIRING CORRECTION OF THE MISTAKEN ENTRY AFTER RE-SURVEY IN RESPECT OF PROPERTY IN SY. NO. 639 AS THAT OF FOREST LAND.

EXHIBIT P12 TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO.3 TO THE RESPONDENT NO.5 DT. 03.01.2019.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS TO THE RESPONDENT NO.3 AND 4 DT. 08.03.2019.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS TO RESPONDENT NO.6 DT. 16.05.2019.

RESPONDENT EXHIBITS

EXHIBIT R5 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE LAND ACQUISITION OFFICER.

EXHIBIT R5 B TRUE COPY OF THE BASIC TAX REGISTER OF PUTHUSSERY CENTRAL VILLAGE REGARDING SY.NO 639/B3