Kottakkal Arya Vaidya Sala vs State Of Kerala
2022 Latest Caselaw 8256 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21512 OF 2005
PETITIONER:

               KOTTAKKAL ARYA VAIDYA SALA
               REPRESENTED BY ITS MANAGING TRUSTEE,
               POST KOTTAKKAL,
               MALAPPURAM DISTRICT.

               BY ADVS.
               SRI. T.KRISHNANUNNI (SR.)
               SRI. R.RAMADAS

RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY,
               SECRETARIAT, THIRUVANANTHAPURAM.
    2          THE PRINCIPAL SECRETARY TO GOVERNMENT
               FOREST & WILD LIFE DEPARTMENT,
               THIRUVANANTHAPURAM.
    3          PRINCIPAL CHIEF CONSERVATOR OF FORESTS
               THIRUVANANTHAPURAM.
    4          THE CONSERVATOR OF FORESTS AND
               CUSTODIAN OF VESTED FORESTS,
               OLAVAKKODE, PALAKKAD.
    5          DIVISIONAL FOREST OFFICER
               MANNARKKAD, PALAKKAD.

               SRI. SANGEETH - SPL. GP (FOREST)




        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   01.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.21512 OF 2005

                                   2




                               JUDGMENT

The petitioner has filed this writ petition

challenging Ext.P3 notification issued by the Principal

Chief Conservator of Forests and Custodian notifying

vesting of 20.2400 hectares of land in the

Government under the Kerala Forest (Vesting and

Management of Ecologically Fragile Lands)

Ordinance, 2000, (replaced by Act 21 of 2005). The

petitioner states that the aforesaid plot is the

medicinal garden maintained by Aryavaidyasala

known as 'Kanjirappuzha Herb Garden'.

2. According to the petitioner, the Forest

Tribunal, Manjeri in O.A No.123 of 1977 found that

the aforesaid plot is not a private forest coming

Under the Kerala Forest Vesting and Assignment Act

and hence is not liable to be vested in the WP(C).No.21512 OF 2005

Government. This was confirmed by this Court in

MFA No.456 of 1978. Pursuant to the aforesaid

judgment of this Court, the possession of the land

was handed over to the petitioner. However, the

Government later notified the area under Section 5

of the Kerala Preservation of Trees Act, 1986, which

was challenged by the petitioner in O.P No.16323 of

1998. Thereafter, the Government on 02.06.2000

promulgated ordinance No.6 of 2000 namely Kerala

Forest (Vesting and Management of Ecologically

Fragile Lands) Ordinance, 2000, which was re-issued

as ordinance No.8 of 2000 on 27.07.2000. Pursuant

to the said ordinance, the Chief Conservator of

Forests and Custodian issued Ext.P3 notification on

20.10.2000. The writ petition is filed challenging Ext.

P3.

3. It is submitted by the learned Senior

Counsel for the petitioner and the Special WP(C).No.21512 OF 2005

Government Pleader for Forests that, when this writ

petition came up for hearing on previous occasion, it

was suggested that the writ petitioner has got a

remedy by way of a revision petition before the

Conservator of Forests under Section 19(3) (b) of

the Kerala Forest (Vesting and Management of

Ecologically Fragile Lands) Act. Accordingly, the

petitioner has submitted Ext.P4 petition under

Section 19(3)(b) of the Kerala Forest (Vesting and

Management of Ecologically Fragile Lands) Act

before the 3rd respondent. Now the limited prayer of

the petitioner is for consideration of Ext.P4 by the 3 rd

respondent within a time frame.

4. Heard the learned counsel for the petitioner

and the learned Special Government Pleader.

5. Since the petitioner has preferred a

statutory revision petition before the 3rd respondent,

it is only appropriate that the 3 rd respondent WP(C).No.21512 OF 2005

considers Ext.P4 and pass appropriate orders in

accordance with law. I accordingly direct the 3rd

respondent to take up Ext.P4 for consideration and

pass appropriate orders in accordance with law,

within a period of six months from the date of

receipt of a copy of this judgment after hearing the

petitioner. Till such time orders are passed on Ext.

P4, the interim order granted by this Court in the

writ petition will continue. All the contentions of the

petitioner raised in the writ petition are left open.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.21512 OF 2005

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE FOREST TRIBUNAL, MANJERI, DATED 14.05.1978. EXHIBIT P2 TRUE COPY OF JUDGMENT IN MFA 456 OF 1978, DATED 09.10.1984.

EXHIBIT P3 TRUE COPY OF THE GAZATTE NOTIFICATION DATED 02.01.2001.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 09.05.2022 FILED BY THE PETITIONER TO THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM.

RESPONDENTS EXHIBITS:-

ANNEXURE R5(a) TRUE COPY OF NOTIFICATION NO.C4.21437/2000 DATED 20.10.2000 OF THE CHIEF CONSERVATOR OF FORESTS & CUSTODIAN, THIRUVANANTHAPURAM. ANNEXURE R5(b) TRUE COPY OF DRAFT OF ERRATUM NOTIFICATION NO.C4.21437/2000. ANNEXURE R5(c) TRUE COPY OF JUDGMENT DATED 03.10.2005 IN W.A NO.562/2000.

ANNEXURE R1(a) TRUE COPY OF THE JUDGMENT DATED 26.07.2006 IN CCC NO.192/2002.

ANNEXURE R1(b) TRUE COPY OF LETTER NO.A1-3888/94 DATED 28.04.2005.

ANNEXURE R1(c) TRUE COPY OF THE LETTER DATED 02.08.2005.