Thomas Vargheses vs The Divisional Forest Officer
2022 Latest Caselaw 3190 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 18TH DAY OF MARCH 2022/27TH PHALGUNA, 1943
                      WP(C) NO. 6595 OF 2022


PETITIONER:

         THOMAS VARGHESES, AGED 47 YEARS,
         S/O. LATE VARGHESE, CHENAMATTATHIL,
         P.O. KADAMPUR, OTTAPALAM TALUK,
         PALAKKAD DISTRICT-679 515.

         BY ADVS.
         P.JAYARAM
         GIGI PAPPACHAN
         K.R.PAUL


RESPONDENTS:

    1    THE DIVISIONAL FOREST OFFICER,
         PALAKKAD 678 009.

    2    THE PRINCIPAL SECRETARY,
         DEPARTMENT OF FOREST AND WILD LIFE,
         THIRUVANANTHAPURAM-695 001.

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.6595/2022

                                2




                            JUDGMENT

Dated this the 18th day of March, 2022

This writ petition is filed seeking to direct the

respondents to take appropriate action on Ext.P5

representation to restore the land covered by Ext.P4 order,

to the petitioner within a definite time frame.

2. The petitioner states that the predecessor-in-

interest of the petitioner in respect of 2 Acres of land

comprised in Survey No.13/9 and 13/10 situated in

Pookkottukavu Village, Ottapalam Taluk, Palakkad District,

approached the Forest Tribunal filing O.A.No.38/1977 and

obtained order of exemption in his favour. The petitioner

submitted Ext.P5 representation dated 14.10.2019 seeking

restoration of land on the strength of the order of the Forest

Tribunal. Though Ext.P5 representation was submitted on WP(C) No.6595/2022

14.10.2019, the land has not been restored to the

petitioner, contends the learned counsel for the petitioner.

3. The learned Government Pleader, who entered

appearance on behalf of the respondents, submitted that

the respondents are processing the application for

restoration of land. The respondents required considerable

time due to complex administrative requirements.

4. I have heard the learned counsel for the

petitioner and the learned Special Government Pleader for

the respondents.

5. In view of the fact that the land involved is in a

forest area, considering the procedural requirements, the

respondents will have to be given sufficient time to effect

the restoration.

In the circumstances, the writ petition is disposed of

directing the respondents to restore the land comprised in

Survey No.13/9 and 13/10 situated in Pookkottukavu WP(C) No.6595/2022

Village, Ottapalam Taluk, Palakkad District, to the petitioner

as expeditiously as possible, but at any rate, within a period

of six months.

Sd/-

N. NAGARESH JUDGE ncd/19.03.2022 WP(C) No.6595/2022

APPENDIX OF WP(C) 6595/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1412 OF 1995, SRO KATAMBAZHIPURAM, WHEREBY, PETITIONER PURCHASED THE LAND BEARING SURVEY NO. 13/9 AND 13/10 SITUATED AT POOKKOTTUKAVU VILLAGE.

Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO. 2310 OF 1976, LAND TRIBUNAL, OTTAPALAM, WHEREBY, PETITIONER'S PREDECESSOR- IN- INTEREST DERIVED TITLE TO THE PROPERTY WITH EXTENT 12 CENTS OF LAND BEARING SURVEY NO. 13/10 SITUATED AT POOKKOTTUKAVU VILLAGE.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 04.03.2020 ISSUED FROM VILLAGE OFFICE POOKKOTTUKAVU WITH RESPECT TO PETITIONER'S PROPERTY Exhibit P4 TRUE COPY OF THE ORDER DATED 28.05.1979 IN O.A. NO. 38/1977 ON THE FILES OF THE FOREST TRIBUNAL, PALAKKAD.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 14.10.2019 SENT BY THE PETITIONER TO THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM SEKKING RESTORATION OF THE PROPERTY.