Haleema vs State Of Kerala
2022 Latest Caselaw 3904 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 5TH DAY OF APRIL 2022/15TH CHAITHRA, 1944
                     WP(C) NO. 11908 OF 2022


PETITIONERS:

    1    HALEEMA, AGED 57 YEARS,
         W/O ARAKKAVEETTIL HAMSA,
         THALIKULAM P.O., THYALIKULAM DESOM,
         THALIKULAM VILLAGE, CHAVAKKAD TALUK,
         TRICHUR - 680 506, REPRESENTED BY
         HER POWER OF ATTORNEY HOLDER SHOBY P.T.,
         AGED 45 YEARS, S/O SRI. JOSEPH,
         PANAKKAL HOUSE, P.O. KOTTAPADY,
         CHOOLPPURAM DESOM, IRINGAPPURAM AMSOM,
         CHAVAKKAD TALUK, TRICHUR - 680 505.

    2    HASHIQ, AGED 30 YEARS,
         S/O. ARAKKAVEETTIL HAMSA,
         THALIKULAM P.O., THYALIKULAM DESOM,
         THALIKULAM VILLAGE, CHAVAKKAD TALUK,
         TRICHUR - 680 506, REPRESENTED BY
         HIS POWER OF ATTORNEY HOLDER SHOBY P.T.,
         AGED 45 YEARS, S/O. SRI. JOSEPH,
         PANAKKAL HOUSE, P.O. KOTTAPADY,
         CHOOLPPURAM DESOM, IRINGAPPURAM AMSOM,
         CHAVAKKAD TALUK, TRICHUR - 680 505.

    3    NIZAMUDHEEN, AGED 60 YEARS,
         S/O. THALIKULAM SYED MOHAMMED,
         MUTHUVATTOOR P.O., CHAVAKKAD,
         GURUVAYUR VILLAGE, TRICHUR - 680 506.
         REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
         SHOBY P.T., AGED 45 YEARS, S/O SRI. JOSEPH,
         PANAKKAL HOUSE, P.O. KOTTAPADY,
         CHOOLPPURAM DESOM, IRINGAPPURAM AMSOM,
         CHAVAKKAD TALUK, TRICHUR - 680 505.

    4    SARIYA, AGED 54 YEARS,
         W/O SRI. NIZAMUDHEEN, THALIKULAM HOUSE,
         MUTHUVATTOOR P.O., CHAVAKKAD,
         GURUVAYUR VILLAGE, TRICHUR - 680 506
         REPRESENTED BY HER POWER OF ATTORNEY HOLDER
         SHOBY P.T., AGED 45 YEARS, S/O SRI. JOSEPH,
 WP(C) No.11908/2022

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           PANAKKAL HOUSE, P.O KOTTAPADY,
           CHOOLPPURAM DESOM, IRINGAPPURAM AMSOM,
           CHAVAKKAD TALUK, TRICHUR - 680 505.

           BY ADVS.
           S.SREEKUMAR (SR.)
           P.MARTIN JOSE
           P.PRIJITH
           THOMAS P.KURUVILLA
           R.GITHESH
           AJAY BEN JOSE
           MANJUNATH MENON
           SACHIN JACOB AMBAT
           ANNA LINDA V.J
           HARIKRISHNAN S.


RESPONDENTS:

    1      STATE OF KERALA REPRESENTED BY
           SECRETARY (FOREST AND WILD LIFE),
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

    2      CONSERVATOR AND CUSTODIAN OF
           ECOLOGICALLY FRAGILE LAND,
           FOREST HEADQUARTERS, VAZHUTHACAUD,
           THIRUVANANTHAPURAM - 695 014.

    3      DIVISIONAL FOREST OFFICER,
           NEMMARA FOREST RANGE,
           NEMMARA POST, PALAKKAD - 678 508.

           BY ADVS.
           SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
           SRI.SANGEETH C.U., G.P., (APPEARS)

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 05.04.2022, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11908/2022

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                           JUDGMENT

Dated this the 5th day of April, 2022

The 1st petitioner purchased 5 Acres of land in Re-

Survey No.337/8 as per the registered assignment deed of

the year 2009. Petitioners 2 to 4 also purchased 5 Acres of

land each, adjacent to the said property within the same

survey number. The land in question was earlier declared

as Ecologically Fragile Land. The predecessor-in-interest

of the petitioners approached the Forest Tribunal, Palakkad.

The Kerala Forest (Vesting and Management of

Ecologically Fragile Lands) Tribunal, Palakkad ordered in

favour of the predecessor-in-interest of the petitioners.

Though the judgment attained finality, the custodian under

the Kerala Private Forest (Vesting and Assignment) Act,

1971 did not take any step to de-notify the properties,

contend the petitioners.

WP(C) No.11908/2022

2. The petitioners therefore preferred Ext.P2

representation before the 3rd respondent-Divisional Forest

Officer on 20.12.2021. However, the 3 rd respondent has not

taken any action thereon so far. The petitioners state that

the order of the Tribunal was of the year 2019. The delay

on the part of the respondents in denotifying the land

adversely affects the petitioners. Unless the respondents

take a final decision on de-notification, the petitioners will be

put to untold hardship and loss.

3. The learned Government Pleader entered

appearance and controverted all the material allegations

made by the petitioners in the writ petition.

4. I have heard the learned counsel for the

petitioners and the learned Special Government Pleader

(Forests) for the respondents.

5. As the petitioners have submitted Ext.P2

representation before the 3rd respondent-Divisional Forest WP(C) No.11908/2022

Officer, this Court is of the view that it will be only in the

interest of justice that the 3rd respondent considers Ext.P2

representation and take appropriate decision thereon, in

accordance with law, within a reasonable time.

Accordingly, the writ petition is disposed of directing

the 3rd respondent to consider Ext.P2 representation and

pass appropriate orders thereon within a period of three

months.

Sd/-

N. NAGARESH JUDGE ncd/06.04.2022 WP(C) No.11908/2022

APPENDIX OF WP(C) 11908/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON ORDER OF THE HON’BLE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) TRIBUNAL, PALAKKAD DATED 12-6-

2019 IN OA NOS: 16 OF 204, 17 OF 2014, 18 OF 2014 AND 19 OF 2014 Exhibit P2 TRUE COPY OF REPRESENTATION IN NOVEMBER, 2021 BEFORE THE 3RD RESPONDENT TO DE-NOTIFY AND RESTORE THE POSSESSION OF THE PETITIONERS' PROPERTIES