Kerala High Court
E.P.Govindankutty vs State Of Kerala on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 264 OF 2022
PETITIONER/S:
1 E.P.GOVINDANKUTTY,AGED 52 YEARS
S/O. PADMANABHAN NAIR,
ERIKKALIL HOUSE,
KIZHAKKANCHERRY, ALATHUR, PALAKKAD.
2 E. KRISHNAKUMAR,
AGED 49 YEARS
S/O. PADMANABHAN,
ERIKKALIL HOUSE,
KIZHAKKANCHERRY, ALATHUR, PALAKKAD.
3 E.P. PADMAKUMAR,
AGED 46 YEARS
S/O. PADMANABHAN ,
ERIKKALIL HOUSE,
KIZHAKKANCHERRY, ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 CHIEF CONSERVATOR OF FORESTS,
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014.
3 THE WILD LIVE WARDEN,
PEECHI WILD LIFE DIVISION, PEECHI P.O., THRISSUR
680 653.
4 THE ASST.WILD LIFE WARDEN,
PEECHI WILD LIFE SANCTUARY, PEECHI P.O.,
THRISSUR 680 653.
-2-
W.P.(C). No. 264 of 2022
5 THE FOREST OFFICER,
CHULANNUR PEAFOWL SANCTUARY,
PERINGOTTUKURISSI SOUTH, PALAKKAD 678 574.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.T.P.SAJAN, SPL. G.P. (FOREST)()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 264 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P. (C) No. 264 of 2022
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Dated this the 15th day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i) Issue a writ of mandamus or such other writ, order
or direction and direct the 3rd respondent to exempt
the petitioners' property comprised in Sy.No.77/P of
Thiruvilvamala Village in Thalappilly taluk of
Thrissur purchased as per Ext.P1, Document from
demarcating as vested forest.
ii) Issue a writ of mandamus or such other writ, order
or direction and direct the 3rd respondent to issue
necessary notices and afford the petitioners an
opportunity of hearing before proceeding against the
petitioners' property purchased as per Ext.P1,
document.
iii) Issue such other writ, orders or direction which this
Hon'ble Court may deem fit and proper in the light
of the facts and circumstances of the case so as to
secure the ends of justice." (sic)
2. When this writ petition came up for consideration,
the learned Special Government Pleader submitted that a
statement is filed on behalf of the 3rd respondent, in which it is
W.P.(C). No. 264 of 2022
stated that the property of the petitioners is vested forest.
Ext.R3(a) is the notification. If that is the case, the remedy of
the petitioners is to approach the competent Tribunal to redress
their grievance.
3. The learned counsel for the petitioners submitted
that for facilitating the petitioners to approach the competent
authority, status-quo as on today may be ordered because the
petitioners are in possession of the property.
4. Considering the facts and circumstances of the case,
this Court deem it fit to grant three months time to the
petitioners to approach the competent civil Court for getting
appropriate orders. It is made clear that this Court has not
considered the matter on merit and the competent tribunal is
free to pass appropriate orders, in accordance to law and this
Court is ordering status-quo only to facilitate the petitioners to
approach the competent Tribunal to get appropriate orders.
This Court also makes it clear that the petitioners shall not
W.P.(C). No. 264 of 2022
encumber or change the nature of the property during the above
three months.
Therefore, this writ petition is disposed of in the following
manner:
1. The petitioners are free to approach the competent
Tribunal to redress their grievance raised in this writ
petition.
2. Status-quo as on today regarding possession of the
property in dispute in this case shall be maintained for
a period of three months from today.
3. The petitioners shall not change the nature of the
property or do any encumbrance to the property for
three months.
4. If any application is filed by the petitioners, the
Tribunal concerned is free to pass appropriate orders
in accordance to law, untrammeled by any
observations made in this judgment.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 264 of 2022
APPENDIX OF WP(C) 264/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT NO.
3217/1/2021 OF SRO, PAZHAYANNUR DATED
22.10.2011.
Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE
NO. 4232/1976 ISSUED BY THE LAND
TRIBUNAL, CHELAKKARA DATED 20.12.1976.
Exhibit P3 TRUE COPY OF THE PURCHASE CERTIFICATE
NO. 4234/1976 ISSUED BY THE LAND
TRIBUNAL, CHELAKKARA DATED 20.12.1976.
Exhibit P4 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 26.08.2006 ISSUED BY
THE THIRUVILVAMALA VILLAGE OFFICER.
Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 23.05.2006 ISSUED BY THE
THIRUVILVAMALA VILLAGE OFFICER.
Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 01.12.2011 ISSUED BY THE
THIRUVILVAMALA VILLAGE OFFICER,.
Exhibit P7 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 02.12.2011 ISSUED BY
THE THIRUVILVAMALA VILLAGE OFFICER.
Exhibit P8 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 05.07.2021 ISSUED FROM THE
VILLAGE OFFICE, THIRUVILVAMALA
Exhibit P9 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 06.07.2021 ISSUED
FROM THE VILLAGE OFFICE,
THIRUVILVAMALA.
Exhibit P10 TRUE COPY OF THE SKETCH OF THE
PROPERTY COMPRISED IN SY. NO.
74,75,76/3, 77 OF THIRUVILVAMALA
VILLAGE.
Exhibit P11 TRUE COPY OF THE ORDER IN
O.A.NO.282/1976 OF THE FOREST
TRIBUNAL, PALAKKAD DATED 15-03-1979.
W.P.(C). No. 264 of 2022
Exhibit P12 TRUE COPY OF THE DOCUMENT NO.474/2004
OF S.R.O., PAZHAYANNUR DATED 19-02-
2004.
RESPONDENT'S EXHIBITS
EXT.R3(A) TRUE COPY OF THE NOTIFICATION NO.D-
8740/79 DATED 04/03/1980
EXT.R3(B) TRUE COY OF THE GO(P) NO.24/07/F&WLD
DATED 15/05/2007
