Safia vs The Divisional Forest Officer
2022 Latest Caselaw 9767 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                    WP(C) NO. 27687 OF 2012
PETITIONER/S:

    1       SAFIA
            AGED 26 YEARS
            W/O.ABDURAHIMAN, AMBATTUPARAMBIL HOUSE, MUKKATA
            P.O, NILAMBUR R.S 679 330, NILAMBUR TALUK AND
            AMSOM, MALAPPURAM DISTRICT.
    2       NOUSHAD ALI
            S/O. ABDURAHIMAN, AMBATTUPARAMBIL HOUSE, MUKKATA
            P.O, NILAMBUR R.S 679 330, NILAMBUR TALUK AND
            AMSOM, MALAPPURAM DISTRICT.
            BY ADVS.
            THOMAS ABRAHAM
            MERCIAMMA MATHEW
            ASWIN.P.JOHN
            R.ANANTHAPADMANABAN
            THAYYIB SHA P.S.
            PAUL BABY
            ANISHA M.
RESPONDENT/S:

    1       THE DIVISIONAL FOREST OFFICER
            NILAMBUR 679 329, MALAPPURAM DISTRICT.
    2       THE FOREST RANGER
            EDAVANNA RANGE OFFICE 675 541, NILAMBUR NORTH,
            MALAPPURAM DISTRICT.
    3       THE DEPUTY RANGER
            FOREST STATION P.O, MOOLEPPADAM, NILAMBUR,
            MALAPPURAM DISTRICT. 676 505.
            SHRI.T.P.SAJAN, SPL. G.P. (FOREST)


     THIS    WRIT   PETITION    (CIVIL)     HAVING   COME   UP   FOR
ADMISSION ON     26.08.2022, THE         COURT ON    THE SAME    DAY
DELIVERED THE FOLLOWING:
 W.P.C. No. 27687 of 2012                            -2-



                         MOHAMMED NIAS C.P.,J.
               ................................................................
                         W.P.C. No. 27687 of 2012
               ...............................................................

                    Dated, this the 26th day of August, 2022

                                     JUDGMENT

This Writ Petition is filed with the following reliefs:

(i) Issue a writ of mandamus directing the respondents

not to take any further action pursuant to and in

furtherance of Ext. P13 notice dated 13-09-2012 issued by

the 3rd respondent or dispossess or evict the petitioners

from 84 cents or part of it in R.S. 18 Akampadam village in

Nilambur Taluk in Malappuram District.

(ii) Issue a writ of mandamus directing the

respondents to issue a copy of any notification published

or to be published as provided under Rule 2 A (2) of the

Kerala Private Forests (Vesting and Assignment) Rules in

relation to 84 cents or part of it in R.S. 18 of Akampadam

village in Nilambur Taluk in Malappuram District to the

petitioners to enable the petitioners to challenge the

proceedings before the Forest Tribunal.

Iii) Pass such other orders that this Hon'ble Court deems

fit to pass in the facts and circumstances of the case.

2. Petitioners are aggrieved by the notice dated 13-09-2012

issued by the 3rd respondent alleging that the land in ownership and

possession of the petitioners is a Government Forest land and directing

vacating of the property in question. Petitioner claims 84 cents

situated in RS No. 18 Village of Akampadam Village in Nilambur Taluk

in Malappuram District, which according to the petitioner is surrounded

by all sides by private lands and Panchayat road.

3. I heard the learned counsel for the petitioner Sri. Thomas

Abraham and the learned Special Government Pleader (Forest) Sri.

T.P.Sajan.

4. After hearing the learned counsel on either side, I am of

the view that the petitioner can be relegated to the Forest Tribunal to

challenge the proceedings initiated against them, as they have an

alternate efficacious remedy before the Forest Tribunal. To enable the

petitioners to pursue the said remedy, the interim order granted by

this Court on 22-11-2012, will continue to operate for a further period

of six months. Status quo as regards the property in question shall

also be maintained for the above period.

This Writ Petition is disposed of as above.

SD/- MOHAMMED NIAS C.P., JUDGE.

Ani/                                 /TRUE COPY/





                                APPENDIX



                             PETITIONER EXTS:

EXT. P1: TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF NAFEESA EXT. P2: TRUE COPY OF PURCHASE CERTIFICATE ISSUED TO NAFEESA BY LAND TRIBUNAL, NILAMBUR EXT. P3: TRUE COPY OF SALE DEED EXECUTED BY NAFEESA TO ABU EXT. P4: TRUE COPY OF SALE DEED EXECUTED BY ABU IN FAVOUR OF SHIHABUDHEEN EXT. P5: TRUE COPY OF LAND TAX RECEIPT EXT. P6: TRUE COPY OF POSSESSION CERTIFICATE EXT. P7: TRUE COPY OF SALE DEED EXECUTED BY SHIHABUDHEEN IN FAVOUR OF RAJESH EXT. P8: TRUE COPY OF LAND TAX RECEIPT EXT. P9: TRUE COPY OF SALE DEED EXECUTED BY RAJESH IN FAVOUR OF THE PETITIONERS EXT. P10: TRUE COPY OF LAND TAX RECEIPT EXT. P11: TRUE COPY OF LAND TAX RECEIPT EXT. P12: TRUE COPY OF LAND TAX RECEIPT EXT. P13: TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT