Alphonsa Jose vs State Of Kerala
2022 Latest Caselaw 10969 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                   WP(C) NO. 7015 OF 2011


PETITIONERS:

    1     ALPHONSA JOSE
          NEDUMATHADATHIL HOUSE,VANNAPPURAM.P.O,,
          THODUPUZHA.
    2     JOBI JOSE,
          AGED 33 YEARS, NEDUMTHADATHIL HOUSE,
          VENMATTOM KARA,KALIYAR.P.O,THODUPUZHA.
          BY ADVS.
          SRI.T.J.MICHAEL
          SRI.JOSE MATHEW KAVALAKALAM

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY DISTRICT COLLECTOR,
          IDUKKI COLLECTORATE,PAINAVU.P.O,, PIN-685603.
    2     FOREST RANGE OFFICER,
          KALIYAR RANGE
          FOREST RANGE OFFICE, KALIYAR.P.O,PIN-685582.
    3     DIVISIONAL FOREST OFFICER,
          KOTHAMANGALAM DIV.FOREST OFFICE,
          KOTHAMANGALAM.P.O,, PIN-686691.

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


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.7015/2011

                                  2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                     W.P.(C).No.7015 of 2011
              ----------------------------------------------
          Dated this the 03rd day of November, 2022


                           JUDGMENT

This writ petition is filed challenging Ext.P6 notice issued

by the Forest Range Officer, Kaliyar, directing Sri.N.I.Jose,

who is the husband of the 1st petitioner and father of the 2nd

petitioner, to be present on 08.03.2011 in the property in

dispute for measuring the property in the light of the decision

of the Munsiff's Court in O.S.No.222/2004.

2. The petitioners apprehend that Ext.P6 is an eviction

notice. A perusal of Ext.P6 will show that it is only a notice

consequent to the judgment passed by the Munsiff's Court,

informing Sri.N.I.Jose that the Taluk Surveyor will measure

the property. The date fixed in Ext.P6 is already over. There is

no interim order passed in this case.

3. If the Forest Range Officer want to measure

the property, fresh notice can be issued to the petitioners. If WP(C).No.7015/2011

such a notice is issued, the petitioners can be present at the

time of measurement and submit their objection.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.7015/2011

APPENDIX OF WP(C) 7015/2011

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SALE DEED NO. 2411/94 OF KARIKODE SRO DATED 15-06-1994 EXHIBIT P2 TRUE COPY OF COMMISSION REPORT AND SURVEY PLAN BY ADV.S.R.SREEVIDYA DATED 14-11-2006.

EXHIBIT P3 TRUE COPY OF JUDGMENT IN O.S.NO.22/04 OF MUNSIFF'S COURT, THODUPUZHA DATED 15-02-2007 EXHIBIT P4 TRUE COPY OF NOTICE ISSUED BY FOREST RANGE OFFICER, KALIYAR DATED 21-06-07 EXHIBIT P5 TRUE COPY OF REPRESENTATION AND REPLY SUBMITTED BY 1ST PETITIONER DATED 22- 10-07 EXHIBIT P6 TRUE COPY OF NOTICE OF FOREST RANGE OFFICER, KALIYAR DATED 24-02-11 RESPONDENTS' EXHIBITS EXHIBIT R3(A) COPY OF THE LETTER NO.G2-3328/04 DATED 31.12.2007, OF THE 3RD RESPONDENT EXHIBIT R3(B) COPY OF MAHAZAR DATED 18.07.2004. EXHIBIT R3(C) COPY OF RELEVANT PAGE OF SRO NO.16/66