John Itty Ipe vs Divisional Forest Officer
2022 Latest Caselaw 156 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                      WP(C) NO. 14807 OF 2020
PETITIONER:

            JOHN ITTY IPE
            AGED 66 YEARS
            S/O. ITTY IPE JOHN, PATTASSERY NEERATHOD, NEAR
            FANTACY PARK, (POST) MALAMPUZHA, PALAKKAD
            DISTRICT, PIN - 678 651.
            BY ADVS.
            P.K.MOHANAN(PALAKKAD)
            SRI.ASHWIN SATHYANATH
            SHRI.ANISH ANTONY ANATHAZHATH
            SHRI.THAREEQ ANVER

RESPONDENTS:

    1       DIVISIONAL FOREST OFFICER
            OFFICE OF THE DIVISIONAL FOREST OFFICER, PALAKKAD
            DIVISION, KALLEKULANGARA (POST), PALAKKAD
            DISTRICT, PIN - 678 009.
    2       CHIEF FOREST CONSERVATOR
            OFFICE OF THE CHIEF FOREST CONSERVATOR, CUSTODIAN
            OF VESTED FOREST, EASTERN CIRCLE, ARANYA BHAVAN,
            OLAVAKKODE, PALAKKAD - 678 002.
OTHER PRESENT:

            SRI.T.P.SAJAN, SPL.GP(FOREST)


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   11.01.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.14807/2020

                                            2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.14807 of 2020
              ----------------------------------------------
            Dated this the 11th day of January, 2022


                                     JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to act upon the prayer of the petitioner to issue No Objection Certificate with respect to the properties covered by O.A. 868/1976 on the files of Forest Tribunal, Palakkad, to enable the petitioner to deal with the property.

ii. Issue a direction to the 2 nd respondent to act and dispose Ext. P10 by fixing a time limit. iii. Grant such other reliefs this Hon'ble Court deems fit to issue and petitioner prays for.

2. The property owned by the petitioner stands

declared as property not vested under the provisions of the

Kerala Forests (Vesting and Assignment) Act, 1971, by virtue

of Ext.P1 judgment passed by this Court. Admittedly it has

become final. It is an admitted fact that the property is

restored to the petitioner. The grievance of the petitioner is

that the respondents are not issuing No Objection Certificate W.P.(C).No.14807/2020

for the peaceful enjoyment of the property. Hence this writ

petition is filed.

3. Heard the learned counsel for the petitioner and

the learned Special Government Pleader (Forest).

4. The learned counsel for the petitioner reiterated his

contentions in the writ petition. The learned counsel

submitted that Ext.P1 order was passed on 03.08.1978 and

even now the No Objection Certificate is not issued. The

learned Special Government Pleader submitted that the

property is already restored and some time is necessary to

issue the No Objection Certificate because the property is

abutting the forest and before issuing the certificate, the

respondents have to verify the property with the approved

sketch from the Assistant Director, Forest Mini Survey,

Kozhikode.

5. Whatever that may be, it is an admitted fact that

the petitioner's property is declared as property not vested

under the provisions of the Kerala Forests (Vesting and

Assignment) Act, 1971. The property is also restored. There

is no justification in denying No Objection Certificate to the

petitioner. Considering the facts and circumstances, two W.P.(C).No.14807/2020

months time can be granted for issuing the No Objection

Certificate.

Therefore, this writ petition is allowed in the following

manner:

The respondents are directed to issue No

Objection Certificate with respect to the

property owned by the petitioner covered by

O.A.No.868/1976 on the file of the Forest

Tribunal, Palakkad so as to enable the

petitioner to deal with the property, as

expeditiously as possible, at any rate, within

two months from the date of receipt of a copy

of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.14807/2020

APPENDIX OF WP(C) 14807/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 3.8.1978 IN O.A.NO.868/1976, FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P2 TRUE COPY OF THE ORDER I.A.NO.189/1985 DATED 15.01.1987 IN O.A.NO.868/1975 ON THE FILES OF FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P3 TRUE COPY OF REGISTERED KANAM ASSIGNMENT DEED NO.2497/1976 DATED 26.05.1979 OF S.R.O., PALAKKAD EXECUTED BY K.S.RANGANATHAN AND HIS SON K. R. BABU SANKAR IN FAVOUR OF SAROJINI AMMA.

EXHIBIT P4 TRUE COPY OF REGISTERED KANAM ASSIGNMENT DEED NO.4984/1982 DATED 01.11.1982 EXECUTED BY SAROJINI AMMA IN FAVOUR OF KUNHIPPA.

EXHIBIT P5 TRUE COPY OF THE PATTA DATED 19.01.1988 ISSUED BY THE LAND TRIBUNAL, PALAKKAD-I IN FAVOUR OF KUNHIPPA, S/O. KUNHAVULLY.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 08.10.1990 ISSUED BY FOREST AND WILD LIFE (E) DEPARTMENT.

EXHIBIT P7 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.1510/1993 OF S.R.O., PALAKKAD DATED 05.04.1993 EXECUTED BY KUNHIPPA IN FAVOUR OF T.T.PETER.

EXHIBIT P8 TRUE COPY OF REGISTERED ASSIGNMENT DEED NO.2978/2004 DATED 19.05.2004 S.R.O., PALAKKAD EXECUTED BY KT.T.PETER IN FAVOUR OF THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 04.06.2020 ISSUED BY MALAMPUZHA - II, VILLAGE OFFICER TO THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 16.04.2015 SUBMITTED TO THE DISTRICT FOREST OFFICER, PALAKKAD THROUGH SUB REGISTRAR, PALAKKAD.

W.P.(C).No.14807/2020

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 16.04.2015 ISSUED BY THE SUB REGISTRAR, PALAKKAD TO THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 13.10.2017 RECEIVED FORM THE OFFICE OF THE FIRST RESPONDENT TO THE PETITIONER.