Uruniyan Hussain vs State Of Kerala
2022 Latest Caselaw 1604 Ker

WP(C) NO. 33668 OF 2018                1



                     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. 33668 OF 2018

PETITIONER/S:
     1      URUNIYAN HUSSAIN
            AGED 31 YEARS
            MAKKARAPPARAMBA, MALAPPURAM DISTRICT, REPRESENTED BY P/A.
            HOLDER SHARAFUDHEEN, S/O.SAIDALI, AGED 31 YEARS, RESIDING AT
            VENGASSERY HOUSE, VELLILA P.O., MANDAKA, MALAPPURAM

      2        URUNIYAN KHALID,
               AGED 31 YEARS
               KALAVE MAKKARAPARMBA, MALAPPURAM DISTRICT REPRESENTED BY POWER
               OF ATTORNEY HOLDER SHARAFUDHEEN S/O. SAIDALI, RESIDING AT
               VENGASSERY HOUSE, VELLILA P.O.,
               MANDAKA MALAPPURAM.

               BY ADV SRI.P.P.JACOB


RESPONDENT/S:
     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
            FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

      2       THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND
              THE PRINCIPAL CHIEF CONSERVATOR, OF FOREST, FOREST HEAD
              QUARTERS, VAZHUTHAKKAD THIRUVANANTHAPURAM 695 014.

      3       THE DIVISIONAL FOREST OFFICER
              NORTH DIVISION, NILAMBUR, MALAPPURAM DISTRICT 679 329

      4       THE FROEST RANGE OFFICER,
              OFFICE OF THE VAZHIKKADAVU RANGER OFFICER, NILAMBUR NORTH
              DIVISION, PALUNDA, NILAMBUR, MALAPPURAM 679 331.

      5       THE FOREST TRIBUNAL,
              PALAKKAD
              FIRST ADDITIONAL DISTRICT COURT, PALAKKAD 678 001.


OTHER PRESENT:
            SRI.NAGARAJ NARAYANAN, SPL.GP(FOREST)

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33668 OF 2018                  2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No. 33668 of 2018
                    --------------------------------------
             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 other writ order or direction directing the respondents 1 to 4 not to create or cause any obstruction or hindrance to the petitioners peaceful enjoyment and occupation of the landed properties covered by sale deed No. 2914/94 and 2915/94 respectively of Edakkara Sub Registry Office which is the subject matter of Ext.P4, order and Ext.P5 Judgment respectively.

ii. Issue such other reliefs which may be deem fit and proper in the facts and circumstances of the above writ petition." [SIC]

2. It is the case of the petitioners that they are

title holders of landed properties covered by Ext.P4 order

of the Kerala Forest Tribunal. The respondents have

issued notification including the property of the

petitioners within the purview of the Kerala Forest

(Vesting and Management of Ecologically Fragile Lands)

Act. It is the case of the petitioners that the notification

is issued discarding the report of the sub-ordinate

officers. The petitioners challenged the notification before the

Forest Tribunal and as per Ext.P4, it is submitted that the

notification was set aside declaring that the property will not

come within the purview of the Act. The State Government

filed MFA No. 23/2013 and the same was also dismissed as

per Ext.P5 judgment confirming Ext.P4. According to the

petitioners, the subject matter regarding the applicability of

the enactment has become final, in the light of Exts.P4 and P5

judgments. Even now, the property is not restored to the

petitioners, is the grievance of the petitioners.

3. Heard the learned counsel for the petitioners and

the learned Special Government Pleader (Forest).

4. The learned counsel for the petitioners reiterated

his contentions in the writ petition and submitted that Ext.P4

order was on 26.12.2012 and Ext.P5 order was on 22.6.2017.

Even now, the property is not restored to the petitioners. The

Government Pleader submitted that there are certain

procedures for restoring the property and it will take some

time and reasonable time may be granted.

5. After hearing both sides, I think this writ petition

can be disposed of directing the respondents to restore the

property to the petitioners based on Exts.P4 and P5 judgments

within 4 months.

Therefore, this writ petition is disposed of directing the

2nd respondent to restore the property covered by Exts.P4 and

P5 judgments to the petitioners as expeditiously as possible, at

any rate within 4 months from the date of receipt of a copy of

this judgment.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 33668/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE MAHAZER PREPARED BY FOURTH RESPONDENT DATED 20.11.2006

EXHIBIT P2 TRUE PHOTOCOPY OF THE REPLY FIELD BY THE D.F.O TO THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 2.12.2006

EXHIBIT P3 TRUE PHOTOCOPY OF THE DIRECTION ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 21.2.2007

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER IN O.A.

33/2008 DATED 26.12.12

EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT IN M.F.A 23/13 DATED 22.6.2017