Kerala High Court
Raman Kani vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 3967 OF 2013
PETITIONER/S:
1 RAMAN KANI
AGED 76 YEARS
S/O.KOCHUCHERUKKAN KANI, ULAVINMOOTTIKUZHI VEEDU,
PURAVIMALA, KARIKUZHY.P.O., AMBOORI,
THIRUVANANTHAPURAM. (DIED)
2 SURENDRAN KANI
AGED 42 YEARS
S/O.RAMAN KANI, KUNNUMPURATHU VEEDU, PURAVIMALA,
KARIKUZHY.P.O., AMBOORI, THIRUVANANTHAPURAM.
3 CHANDRIKA KANI
AGED 40 YEARS
D/O.RAMAN KANI,PURAVINMOOTTIL KUZHI VEEDU,
PURAVIMALA, KARIKUZHY.P.O., AMBOORI,
THIRUVANANTHAPURAM.
4 SHIBU.R.
AGED 35 YEARS
S/O.RAMAN KANI, KIZHAKKUMKARA VEEDU, PURAVIMALA,
KARIKUZHY.P.O., AMBOORI, THIRUVANANTHAPURAM.
BY ADV SMT.K.L.LAKSHMI RANI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LAND REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695
001.
2 DISTRICT COLLECTOR
THIRUVANANTHAPURAM DISTRICT, COLLECTORATE CIVIL
STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 695
043.
3 DISTRICT SURVEY SUPERINTENDENT
OFFICE OF THE SURVEY SUPERINTENDENT,
THIRUVANANTHAPURAM. 695 001.
-2-
W.P.(C). No. 3967 of 2013
4 ADDITIONAL TAHSILDAR
NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121.
5 REVENUE DIVISIONAL OFFICER
THIRUVANANTHAPURAM. 695 001.
6 THE DIVISIONAL FOREST OFFICER
VAZHUTHACAUD, THIRUVANANTHAPURAM. 695 008.
BY ADVS.
GOVERNMENT PLEADER
GOVERNMENT PLEADER
OTHER PRESENT:
SRI.RENJITH.T.R, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 3967 of 2013
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 3967 of 2013
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Dated this the 18th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(i) issue a writ of mandamus or any other appropriate
writ, direction or order commanding the respondents to
intimate the boundaries of the landed holding of the
petitioner which formed the subject matter of Exhibit P3
so as to enable the petitioner in institute a civil suit for
recovery of possession of immovable property as required
of him in Exhibit P3; and
(ii) issue such other further reliefs as are necessary in the
interests of justice."
2. The grievance of the petitioner is that there was a
direction to the 3rd respondent herein to complete the survey and
demarcation of the petitioner's property. Without specific
direction in Ext.P2, the preliminary enquiry was conducted by the
3rd respondent and found that a portion of the petitioner's
property falls in the possession of the Forest Department and
W.P.(C). No. 3967 of 2013
hence the petitioner was relegated to take appropriate steps
before the civil Court. The grievance of the petitioner is that to
file civil suit for recovery and possession, the petitioner requires
the boundaries of the property. According the petitioner, while
relegating the petitioner to his civil remedy, the boundaries of the
property of the petitioner are omitted to be incorporated in
Ext.P3, which forms the cause of action for this writ petition.
The original writ petitioner died and subsequently, the legal heirs
of the original writ petitioner are impleaded as additional
petitioners 2 to 4.
3. When this writ petition came up for consideration, the
Government Pleader takes me through paragraph 2, 3 and 4 of the
statement filed on 22.11.2020, which is extracted hereunder:
"2. It is respectfully submitted that the land in question is
a part of Puravimala forest land which is an extension of
Mayamala Forest in Klamala Reserve in Field No. 7 in
Block No. 32 of Vazhichal Village. Sri. Raman Kani and
W.P.(C). No. 3967 of 2013
family were resided in the Puravimala settlement land
adjacent to this forest land. The Forest land was distinctly
separated from the settlement land with permanent cairns
and was protected by establishing solar fencing. Moreover
an Elephant proof trench was also constructed inside the
solar fencing. During 2005-06 department raised fruit
bearing plantation in this forest land and was maintained
properly. During 2010 Raman Kani and Family
trespassed to this forest land for cultivation and forest
officials prevented this act and registered a case
O.R.01/2010 against them.
3. It is submitted that on enquiry, it is seen that Sri.
Raman Kani, his wife and four children were passed away
during various times. Now only two children of Raman
Kani is alive ie. Smt. Chandrika Kani and Shibu Kani. On
20.06.2019 Smt. Chandrika Kani present before Asst.
Wildlife Warden, Neyyar and stated that her father Sri.
Raman Kani was a permanent occupant in Puravimala
settlement and he possess around 10 acres of forest land
there with possession certificate and he distributed the
land to his five children equally except his daughter Smt.
Molly possession and as per document she possess title of
1.793 Ha of forest land under Forest Right Act 2006. Also
she stated that the families of her deceased brothers Sri.
Surendren Kani and Sri. Raveendran Kam possess title
land at Puravimala settlement and that of Sri. Binu Kani
possess title land at Kombai settlement and that all these
families are now residing at the concerned settlements.
W.P.(C). No. 3967 of 2013
4. It is submitted that the land in question is part of
Klamala reserve of Neyyar Wildlife Sanctuary and is a
habitat of various wild animals."
In the light of the above statement, no orders can be passed
in this writ petition. The petitioner's right, if any, is to be agitated
before the appropriate forum, in accordance to law. Granting
liberty to the petitioner to approach the appropriate forum, this
writ petition is closed. sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 3967 of 2013
APPENDIX OF WP(C) 3967/2013
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE WRIT PETITION AND
ITS EXHIBITS IN WP(C)NO.6539 OF 2012
BEFORE THIS HONOURABLE COURT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN
WP(C)NO.6539 OF 2012 DATED 29.03.2012
EXHIBIT P3 A TRUE COPY OF THE ORDERS PASSED BY THE
3RD RESPONDENT DATED 29.11.2012.
