Kerala High Court
Sindhu Vijayan vs Chief Conservator Of Forests on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 12560 OF 2022
PETITIONER:
SINDHU VIJAYAN,
AGED 49 YEARS
INJELIPARAMBIL HOUSE, NADUVATTAM P.O., AYYAMPUZHA, KAREKKAD,
ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 574.
BY ADVS.
K.V.SURESH KUMAR
JESTINA MARIAM JOSEPH
LITISHYA FRANCIS
RESPONDENTS:
1 CHIEF CONSERVATOR OF FORESTS,
FOREST HEAD QUARTERS, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-603 056.
2 THE DIVISIONAL FOREST OFFICER,
MALAYATTOOR FOREST DIVISION, FOREST OFFICE ROAD, KODANAD,
PERUMBAVOOR, KERALA-683 544.
3 THE SPECIAL TAHSILDAR (FOREST LAND ASSIGNMENT OFFICE),
TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT-683 101.
4 VILLAGE OFFICER, AYYAMPUZHA VILLAGE OFFICE,
MANJAPRA, AYYAMPUZHA-683 581.
OTHER PRESENT:
SRI.C.U.SANGEETH.SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12560 OF 2022
2
JUDGMENT
Amidst all the assertions and averments urged and made in
this writ petition, the learned counsel for the petitioner - Smt.Jestina
Mariam, prayed that Ext.P6 application of her client be directed to
be taken up and disposed of by the competent Authority, within a
time frame to be fixed by this Court; with an adscititious plea that
until such time as it is done, her client's possession over the property
in question be ordered to be not disturbed.
2. In response, Sri.Sangeeth - learned Government Pleader,
submitted that there does not appear to be any legal impediment in
the 2nd respondent considering Ext.P6 application; but prayed that
this Court may not make any affirmative declarations in favour of the
petitioner and leave it to the said Authority to take a decision as per
law.
In the afore circumstances, I order this writ petition to the
limited extent of directing the 2nd respondent to take up Ext.P6
application and dispose it of, after affording an opportunity of being
heard to the petitioner; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is possible but not later
than two months from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is
completed and the resultant order communicated to the petitioner,
WP(C) NO. 12560 OF 2022
status quo with respect to the property shall be maintained by both
sides; however, with permission being granted to the petitioner to
clean the existing well, without deepening it, under the overall
supervision of the officials concerned of the 2nd respondent.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 12560 OF 2022
APPENDIX OF WP(C) 12560/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE AGREEMENT DATED 09.08.2007.
Exhibit P2 TRUE COPY OF THE VERIFICATION LIST ISSUED BY THE
DEPUTY RANGER, KARAKKADU FORESTATION.
Exhibit P3 TRUE COPY OF THE RATION CARD.
Exhibit P4 TRUE COPY OF THE ELECTRICITY BILL.
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH OF THE EXISTING WELL OF
THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 09.03.2022.
