M.V. Rajeev vs Divisional Forest Officer, ...
2023 Latest Caselaw 2969 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO. 5062 OF 2023
PETITIONER:

              M.V. RAJEEV,
              AGED 51 YEARS,
              SON OF VELAYUDHAN PILLAI, MECHERIL HOUSE,
              BINANIPURAM P.O., EDAYAR, ALUVA,
              ERNAKULAM DISTRICT, PIN - 683 502.
              BY ADVS.
              B.ASHOK SHENOY
              P.S.GIREESH
              SALIH P.A.
              ARJUN R NAIK
              THEJALAKSHMI R.S.

RESPONDENTS:

    1         DIVISIONAL FOREST OFFICER,
              OFFICE OF THE DIVISIONAL FOREST OFFICER, AYINAMPADAM,
              NEMMARA P.O., PALAKKAD DISTRICT, PIN - 678 508.
    2         FOREST RANGE OFFICER
              ALATHUR FOREST RANGE OFFICE, ANAKKAPPARA,
              ANCHUMOORTHIMANGALAM P.O., PALAKKAD DISTRICT, PIN -
              678 602.
              BY ADV SHRI.T.P.SAJAN, SPL. G.P. (FOREST)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.5062 of 2023
                                        :2:



                               SHAJI P. CHALY, J.
                   -------------------------------------------------
                           W.P.(C).No.5062 of 2023
                  --------------------------------------------------
                 Dated this the 13th day of March, 2023

                                   JUDGMENT

Petitioner is the owner in possession of 5 Hectares 26 Ares and 31

square links of land comprising of 4 Hectares 21 Ares and 90 square links

in Re-Survey Number 562/4 and 1 hectare 4 ares and 41 square links in

Re-Survey Number 565/1, Block Number 27 of Alathur Village, Alathur

Taluk, Palakkad District, evident from Ext.P1 registered settlement deed

executed by his brother M.V.Viswanathan; who in turn had acquired it from

his predecessors in interest, having ownership and possession of the same

from 1960.

2. The case projected by the petitioner is that the Forest Department

is attempting to trespass into the aforesaid property which causes serious

prejudice to the petitioner. It is further submitted that the petitioner has no

intention to encroach into any forest land and therefore, the writ petition

may be disposed of with appropriate directions.

3. A statement is filed by the 1st respondent virtually admitting the

claim raised by the petitioner in the writ petition on the basis of Ext.P1 title

deed. However, it is submitted that when the petitioner's brother

attempted to trespass into the forest area, a case was registered by the

Forest Department against him. It is also submitted that the petitioner is

also making an attempt to encroach into the forest property. W.P.(C).No.5062 of 2023

4. I have heard the learned counsel for the petitioner, Sri.B.Ashok

Shenoy and the learned Special Government Pleader, Forest, Sri.T.P. Sajan,

and perused the pleadings and material on record.

5. The learned counsel for the petitioner submitted that the

petitioner has no intention to encroach into the forest and therefore the

same is recorded.

6. It is pointed out by learned Special Government Pleader for Forest

that if any attempt is made by the petitioner to trespass into the forest

area, the liberty of the forest authorities to take appropriate action may be

left open.

In that view of the matter, the writ petition is disposed of recording

the submission made by learned counsel for the petitioner that the

petitioner has no intention to encroach into any forest property. However, I

make it clear that if the petitioner or anyone on his behalf makes any

attempt to encroach into the forest property, the liberty of the respondents

to take appropriate action is left open.

Sd/-

SHAJI P. CHALY, JUDGE ak W.P.(C).No.5062 of 2023

APPENDIX OF WP(C) 5062/2023

PETITIONER'S EXHIBITS:-

Exhibit1 TRUE COPY OF REGISTERED SETTLEMENT DEED NO. 4021 OF 2011 DATED 27.08.2011 OF THE SUB REGISTRY OFFICE, ALATHUR

Exhibit P2 TRUE COPY OF RECEIPT NUMBER KL09010107914/2022 DATED 01.11.2022 ISSUED TO PETITIONER BY THE VILLAGE OFFICER, ALATHUR

Exhibit P3 TRUE COPY OF REPRESENTATION DATED 09.02.2023 SUBMITTED BY PETITIONER TO 1ST RESPONDENT

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 09.02.2023 SUBMITTED BY PETITIONER TO 2ND RESPONDENT

RESPONDENT ANNEXURES:-

Annexure R1(b) True copy of the schedule of OA.207/1974 .

Annexure R1(c) True copy of the Final Order dated 27.5.1977 in OA 207/74 before the Forest tribunal Palghat.

Annexure R1(d) True copy of the hand receipt dated 27.6.1994 duly signed by Thomas Immatty. Annexure R1(e) True copy of the rough sketch. Annexure R1(f) True copy of the Form-1 submitted in the Honble JFCM Court Alathur in OR 17/2010. Annexure R1(g) True copy of the Form-1 submitted in the Honble JFCM Court Alathur in OR 2/2023.

Annexure R1(i) True copy of the periphery sketch of VFC 196/5 marking encroached area.

Annexure R1(h)              True copy of the mahazar dated 7.2.2023
                            in OR 2/2023
Annexure R1(a)              True   copy   Relevant    portion   of   the
                            Notification     No.1383/1977      of    the
                            Custodian    of   vested    Forests    dated
                            10.10.1977