Kerala High Court
P.J.Augustine vs The Chief Conservator Of Forests on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 860 OF 2022
PETITIONERS:
1 P.J.AUGUSTINE, AGED 67 YEARS, S/O. JOSEPH, POTTENPARAMBIL
HOUSE, KERALA ESTATE VILLAGE, KERALA ESTATE P.O, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN 676 525.
2 JOY CHACKO, AGED 70 YEARS, S/O. CHACKO, PULIKKAL HOUSE,
MAMPATTA, THARIS, KARUVARAKUNDU, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 523.
3 PUTHENPURAKKAL CHINNAMMA, AGED 67 YEARS, D/O. ULAHANNAN,
ARTHALA, KALKUNDU P.O, ESTATE VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 523.
4 MICHALE, AGED 82 YEARS, S/O. MAHEL, POTTANPARAMBIL ,
KALKUNDU P.O, KERALA ESTATE VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 523.
5 SEBASTIAN, AGED 68 YEARS, S/O.JOSEPH, POTTANPARAMBIL ,
MARUTHUNGAL, THARIS P.O, KERALA ESTATE VILLAGE, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN 676 523.
6 THOMAS MICHALE, AGED 70 YEARS, S/O. MICHALE,
POTTANPARAMBIL, KALKUNDU P.O, KERALA ESTATE VILLAGE,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 676 523.
7 UNNEEN, AGED 72 YEARS, S/O. ABUDL RAHMAN MUSLIYAR,
POTTAYIL, KARUVARAKUNDU, KERALA ESTATE VILLAGE, NILAMBUR
ALUK, MALAPPURAM DISTRICT, PIN 676 523.
8 MOHAMMED, AGED 70 YEARS, S/O. ABDUL RAHMAN MUSLIYAR,
POTTAYIL, KARUVARAKUNDU, KERALA ESTATE VILLAGE, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN 676523.
9 ABOOBACKER, AGED 76 YEARS, S/O. ABDUL RAHMAN MUSLIYAR,
POTTAYIL, KARUVARAKUNDU, KERALA ESTATE VILLAGE, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN 676 523.
WPC 860/22
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10 ABDUL LATHEEF, AGED 58 YEARS, S/O. ABDUL RAHMAN
MUSLIYAR, POTTAYIL, KARUVARAKUNDU, KERALA ESTATE
VILLAGE, NILAMBUR TLUK, MALAPPURAM DISTRICT, PIN
676 523.
11 KARTHYAYANI, AGED 75 YEARS, W/O. THANKAPPAN,
KOCHUVELIKKAKATH, KALKUNDU, KARUVARAKUNDU,
KERALA ESTATE VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 523.
12 THANKAPPAN, AGED 77 YEARS, S/O.KUNHAN,
KOCHUVELIKKAKATH, KALKUNDU, KARUVARAKUNDU,
KERALA ESTATE VILLAGE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 523.
13 NARAYANAN, AGED 84 YEARS, S/O. KUNHAN, ANAPPARA,
KALKUNDU, KARUVARAKUNDU, KERALA ESTATE VILLAGE,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 676 523.
14 MADHAVI,AGED 75 YEARS, W/O.NARAYANAN, ANAPPARA,
KALKUNDU, KARUVARAKUNDU, KERALA ESTATE VILLAGE,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 676 523.
15 SOMAN, AGED 58 YEARS, S/O. SANKARAN, KUNNIL HOUSE,
ARTHALA, KALKUNDU, KARUVARAKUNDU, KERALA ESTATE
VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN 676 523.
16 SANKARAN, AGED 92 YEARS, S/O. ACHUTHAN, KUNNIL
HOUSE, ARTHALA, KALKUNDU, KARUVARAKUNDU, KERALA
ESTATE VILLAGE, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN 676 523.
17 KUMARAN, AGED 66 YEARS, S/O. SANKARAN, KUNNIL
HOUSE, ARTHALA, KALKUNDU, KARUVARAKUNDU, KERALA
ESTATE VILLAGE, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN 676 523.
18 LAISA SEBASTIAN, AGED 57 YEARS, POTTENPARAMBIL
HOUSE, KERALA ESTATE VILLAGE, KALKUNDU, KERALA
ESTATE P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN 676 525.
WPC 860/22
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19 JISHA AJEESH, AGED 40 YEARS, W/O. AJISH,
KOLUTHAPPILLIL HOUSE, RAMAPURAM BAZAR,
KOTTAYAM DISTRICT, PIN 686 576.
20 K.R. BHARGAVY, AGED 90 YEARS, W/O. SIVARAMAN NAIR,
RAMAPURATH, CHERUPA, KOZHIKODE DISTRICT,
PIN 673 631.
21 MINI,AGED 56 YEARS, D/O. SIVARAMAN NAIR,
RAMAPURATH , CHERUPA, KOZHIKODE DISTRICT,
PIN 673 631.
22 BEENA S., AGED 55 YEARS, D/O. SIVARAMAN NAIR,
RAMAPURATH, CHERUPA, KOZHIKODE DISTRICT,
PIN 673 631.
BY ADVS.
P.SAMSUDIN
M.ANUROOP
SHYAM NAIR
LIRA A.B.
RESPONDENTS:
1 THE CHIEF CONSERVATOR OF FORESTS, FOREST
HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
2 THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT,
CIVIL STATION, 676 505, MALAPPURAM
3 DEPUTY FOREST OFFICER, NILAMBUR DIVISION,
NILAMBUR P.O- 679 329, MALAPPURAM DISTRICT.
4 DISTRICT SUPERINTENDENT, SURVEY AND BOUNDARIES,
CIVIL STATION-676 505, MALAPUPRAM DISTRICT.
5 THE TAHSILDAR (LAND REFORMS), TALUK OFFICE
NILAMBUR, NILAMBUR P.O, MALAPPURAM DISTRICT,
PIN 679 329.
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6 THE VILLAGE OFFICER, KERALA ESTATE VILLAGE,
KERALA ESTATE P.O-676 525, NILAMBUR TALUK,
MALAPPURAM DISTRICT.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 860/22
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JUDGMENT
The petitioners have approached this Court seeking that the
6th respondent - Village Officer, be directed to give them
permission to remit Land Tax on the properties covered by Exts.P1
to P39, within a time frame to be fixed by this Court.
2. The afore request made on behalf of the petitioners by
their learned counsel - Sri.P.Samsudin, were answered by learned
Senior Government Pleader - Smt.Mable C. Kurian, saying that the
request made by them cannot be acceded to, since the land they
are claiming is a 'Vested Forest', in the possession of the Forest
Department.
3. In reply, Sri.P.Samsudin, submitted that the afore stand
of the official respondents is untenable going by Ext.P41 report,
which clearly shows that the lands in question are beyond the
boundary installed by the Forest Department; and asserted that
confusion has arisen only because of the wrong entries in the
WPC 860/22
resurvey records.
4. Even when I hear Sri.P.Samsudin as afore, the fact
remains that the Village Officer can accede to the request of the
petitioners for permission to remit Land Tax on the property in
question, only after verifying its attributes. If Ext.P41 report
renders the properties beyond the ambit of 'Vested Forest',
certainly, it is a matter that the petitioners should bring to the
Village Officer, who must thereupon consider their request,
adverting to all other germane and relevant inputs.
In the afore circumstances, I order this Writ Petition to the
limited extent of directing the 6th respondent - Village Officer or
such other Authority who may be competent, to consider the
request of the petitioners for permission to remit Land Tax on the
properties, after affording them, as also the Forest Officer
concerned, an opportunity of being heard and after adverting to
Ext.P41, as also any other germane and relevant inputs with
respect to the attributes of the property involved; thus culminating
WPC 860/22
in an appropriate order and necessary action thereon as
expeditiously as is possible but not later than one month from the
date of receipt of a copy of this judgment.
In order to obtain an expeditious disposal of the afore
directions, I direct the petitioners to mark appearance before the
6th respondent at 11 a.m. on 07.02.2022; on which day, said
Authority will either hear them or fix another date for hearing and
take a final decision as ordered above.
Needless to say, I have not considered any of the rival
contentions of the parties, including as to whether the properties
are included within the boundaries of the Forest or is a Vested
Forest, and I leave it to the 6 th respondent to take a decision
thereon as per law untrammeled by the observations in this
judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 860/22
APPENDIX OF WP(C) 860/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PATTA NO. 325/1982 IN SM
NO. 304/1982 ISSUED BY THE LAND TRIBUNAL
WANDOOR.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
19.12.1986.
Exhibit P3 TRUE COPY OF THE PATTA NO. 327/1982 IN SM
NO. 302/1982.
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED
28.07.1983.
Exhibit P5 TRUE COPY OF THE PATTA NO. 326/1982 IN SM
NO. 303/1982.
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
20.12.1986.
Exhibit P7 TRUE COPY OF THE PATTA NO. 313/1982 IN SM
NO. 316/1982.
Exhibit P8 TRUE COPY OF THE LAND TAX RECEIPT DATED
17.02.1983.
Exhibit P9 TRUE COPY OF THE PATTA NO. 324/1982 IN SM
NO. 305/1982.
Exhibit P10 TRUE COPY OF THE LAND TAX RECEIPT DATED
19.12.1986.
Exhibit P11 TRUE COPY OF THE PATTA NO. 321/1982 IN SM
NO. 31/1982.
Exhibit P12 TRUE COPY OF THE LAND TAX RECEIPT DATED
18.10.1988.
Exhibit P13 TRUE COPY OF THE PATTA NO. 50/1983 IN SM
NO. 330/1982.
Exhibit P14 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.11.1989.
Exhibit P15 TRUE COPY OF THE PATTA NO. 329/1982 IN SM
NO. 298/1982.
Exhibit P16 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.11.1989.
Exhibit P17 TRUE COPY OF THE PATTA NO. 315/1982 IN SM
NO. 313/1982.
Exhibit P18 TRUE COPY OF THE LAND TAX RECEIPT DATED
15.01.1987.
Exhibit P19 TRUE COPY OF THE PATTA NO. 328/1982 IN SM
NO. 299/1982.
WPC 860/22
Exhibit P20 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.11.1989.
Exhibit P21 TRUE COPY OF THE PATTA NO. 319/1982 IN SM
NO. 300/1982.
Exhibit P22 TRUE COPY OF THE LAND TAX RECEIPT DATED
15.02.1989.
Exhibit P23 TRUE COPY OF THE PATTA NO.332/1982 IN SM
NO. 301/1982.
Exhibit P24 TRUE COPY OF THE LAND TAX RECEIPT DATED
15.02.1989
Exhibit P25 TRUE COPY OF THE PATTA NO. 318/1982 IN SM
NO. 296/1982.
Exhibit P26 TRUE COPY OF THE LAND TAX RECEIPT DATED
30.08.1988.
Exhibit P27 TRUE COPY OF THE PATTA NO. 317/1982 IN SM
NO. 307/1982.
Exhibit P28 TRUE COPY OF THE LAND TAX RECEIPT DATED
25.05.1985.
Exhibit P29 TRUE COPY OF THE PATTA NO. 271/1982 IN SM
NO. 246/1982.
Exhibit P30 TRUE COPY OF THE LAND TAX RECEIPT DATED
15.12.1989.
Exhibit P31 TRUE COPY OF THE PATTA NO. 333/1982 IN SM
NO. 308/1982.
Exhibit P32 TRUE COPY OF THE LAND TAX RECEIPT DATED
05.11.1985.
Exhibit P33 TRUE COPY OF THE PATTA NO. 220/1982 IN SM
NO. 218/1982.
Exhibit P34 TRUE COPY OF THE LAND TAX RECEIPT DATED
15.12.1989.
Exhibit P35 TRUE COPY OF THE PATTA NO. 330/1982 IN SM
NO. 297/1982.
Exhibit P36 TRUE COPY OF THE LAND TAX RECEIPT DATED
27.09. 1984.
Exhibit P37 TRUE COPY OF THE PATTA NO. 246/1982 IN SM
NO. 234/1982.
Exhibit P38 TRUE COPY OF THE PATTA NO. 323/1982 IN SM
NO. 306/1982.
Exhibit P39 TRUE COPY OF THE LAND TAX RECEIPT DATED
25.03.1988.
Exhibit P40 TRUE COPY OF THE REPORT DATED 31.03.2008
FORWARDED BY THE DISTRICT COLLECTOR TO
WPC 860/22
THE LAND REVENUE COMMISSIONER.
Exhibit P41 TRUE COPY OF THE REPORT 19.04.2012
FORWARDED BY THE ADDL. TAHSILDAR NILAMBUR
TO THE DISTRICT COLLECTOR.
