Mercy Roy vs Wild Life Warden
2022 Latest Caselaw 941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                       WP(C) NO. 29599 OF 2021
PETITIONER:

            MERCY ROY, AGED 69 YEARS,
            W/O.ROY THOMAS, VADAKKEKULAM HOUSE,
            VANNIYAMPARA P.O., PATHRIKANDAM, THRISSUR-680652.

            BY ADVS.
            K.B.GANGESH
            AMAL S KUMAR



RESPONDENTS:

    1       WILD LIFE WARDEN,
            OFFICE OF THE WILD LIFE WARDEN,
            WILDLIFE DIVISION PEECHI, PEECHI P.O.,
            THRISSUR-680653.

    2       ASSISTANT WILDLIFE WARDEN,
            OFFICE OF THE ASSISTANT WILDLIFE WARDEN,
            PEECHI-VAZHANI WILDLIFE RESERVE, PEECHI P.O,
            THRISSUR-680653.

            SRI. SANGEETH C U, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29599 OF 2021
                                -2-

                             JUDGMENT

The petitioner says that she has made an

application to the 1st respondent to issue a No

Objection Certificate (NOC) with respect to her

property, so that she can assign it to others; but

alleges that no action has been taken thereon

until now.

2. The petitioner says that, through Ext.P5,

the 2nd respondent informed her that steps to

measure and survey her property has been

initiated, and that boundary 'Jhandas' will also

be erected without any delay. She says that,

however, in spite of this, since no action was

taken, she has been constrained to approach this

Court through this writ petition.

3. The afore submissions of Sri.K.B.Gangesh -

learned counsel for the petitioner, were answered

by Sri.C.U.Sangeeth - learned Government Pleader, WP(C) NO. 29599 OF 2021

saying that the survey initiated by the

Authorities could not be completed because of the

non co-operation of the petitioner. He submitted

that if the petitioner co-operates, then same can

be completed not later than three months from

today and the necessary certificates, including

NOC, can be issued to her.

4. Sri.K.B.Gangesh - learned counsel for the

petitioner, in reply, submitted that the afore

allegations against his client, that she did not

co-operate with the survey, is without basis and

that she has done no such and do not intend to do

so in future either.

Taking note of the afore submissions and

recording the undertaking of Sri.K.B.Gangesh on

behalf of his client that petitioner will fully

co-operate with the survey proceedings, I order

this writ petition; with a consequential direction

to the 1st respondent to complete the same within a WP(C) NO. 29599 OF 2021

period of three months from the date of receipt of

a copy of this judgment, after affording her an

opportunity of being heard.

Needless to say, if the survey is not

completed within the afore period for reasons that

are not attributable to the petitioner, then the

1st respondent will issue an NOC to her as applied

for, on the expiry of the said term.

It also goes without saying that if any

obstruction is encountered by the survey

Authorities from the petitioner, they will be at

liberty to approach this Court with an apposite

petition for clarification, which shall then be

placed before this Bench by the Registry

appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 29599 OF 2021

APPENDIX OF WP(C) 29599/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE B3-2062/99 PATTA DATED 16.07.2002 ISSUED BY SPECIAL TAHSILDAR (LA).

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 26.09.2019 SUBMITTED BY THE PETITIONER TO THE FOREST OFFICER, PEECHI.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 14.08.2020 SUBMITTED UNDER RIGHT TO INFORMATION ACT, 2005.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 27.08.2020 GIVEN TO EXT.P3 APPLICATION.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 27.08.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF LETTER DATED 08.9.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE