Mukkadan Plantation Pvt Ltd vs Divisional Forest Officer
2023 Latest Caselaw 10961 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                        WP(C) NO. 683 OF 2019
PETITIONER:

          MUKKADAN PLANTATION PVT. LTD,
          MUKKADAN THARAVAD, KAVALA,
          CHANGANASSERY, KOTTAYAM,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          MUKKATT SEBASTIAN, 64 YEARS,
          S/O. GHEEVARGHESE DEVASSIA

          BY ADV V.M.KRISHNAKUMAR


RESPONDENTS:

    1     DIVISIONAL FOREST OFFICER,
          NENMARA, PALAKKAD, PIN-678 508.

    2     RANGE OFFICER,
          FOREST RANGE OFFICE, ALATHUR,
          PALAKKAD,PIN-678 541.

    3     CUSTODIAN OF VESTED FORESTS
          PALAKKAD, PIN-678 001.

    4     THE ASSISTANT EXECUTIVE ENGINEER,
          PWD, MANGALAM DAM, PALAKKAD, PIN-678 706.

          BY ADV SRI.T.P.SAJAN, SPL. G.P. (FOREST)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 683 OF 2019
                                -2-

                           JUDGMENT

The grievance projected by the petitioner in

this case is that the road owned by the Forest

Department is not being maintained; and that

this, therefore, causes them great problems in

accessing their Rubber Estate, which is on the

other end. They, therefore, pray that

respondents 1 to 3 be directed to allow them to

maintain and repair the road, including by

concreting it; and not to cause any interdiction

while they do so.

2. Sri.T.P.Sajan - learned Special

Government Pleader for the Forest Department,

however, submitted that, since the road in

question has been permitted to be used by the

petitioner only for non-commercial activities,

its maintenance cannot be given to them. He

added that, in view of the fact that the road

belongs to the Government and is under the WP(C) NO. 683 OF 2019

control of the Department of Forests, they will

take every necessary step to maintain it in a

motorable condition; but prayed that liberty be

reserved to them to ensure that petitioner does

not use the same for any commercial activities.

He explained that the afore condition had been

imposed against the petitioner because, when

large vehicles are plied through the road in

question, it is damaged very easily; and hence,

such restrictions are necessary to be placed.

3. Sri.V.M.Krishnakumar - learned counsel

for the petitioner, submitted that his client is

using the road in question only as per the

conditions attached to its user; and that

excuses now given by the respondents are only to

ensure that it is left in a miserable shape. He

added that if the Forest Department does not

agree to his client maintaining the road, then

they may be directed to keep it in a motorable WP(C) NO. 683 OF 2019

condition.

4. When I evaluate the afore rival

submissions, it is rendered without doubt that

use of the road by the petitioner will have to

be in terms of the sanction given by the

competent Authorities. However, this does not

mean that same should not be maintained in a

motorable condition; and it is the obligation of

the competent Authorities to do so, year around.

If the petitioner is found violating the

conditions for user of the road, certainly

necessary action can be taken, but this cannot

be an excuse not to maintain it or to keep it in

a state of disrepair.

In the afore circumstances, though this

Court cannot accede to the request of the

petitioner to allow them to repair the road,

including to concrete it, I direct the

respondents to ensure that it is maintained in a WP(C) NO. 683 OF 2019

motorable condition throughout the year;

however, with liberty to ensure that it is used

by the petitioner only in the manner as is

permitted.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 683 OF 2019

APPENDIX OF WP(C) 683/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF PROCEEDINGS OF HE RUBBER BOARD DATED 16.08.1969

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF TALUK LAND BOARD ALATHUR DATED 30.06.1988 IN CC.785/1973

EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FOREST DEPARTMENT IN OP NO.710/77

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OP 710/77 DATED 27.02.1979

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 01.08.2012 OF THE DIVISIONAL FOREST OFFICER; NENMARA

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN CC NO.488/2011 DATED 31.03.2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR

EXHIBIT P7 PHOTOGRAPH OF THE TARRED PORTION OF THE ROAD TARRED BY THE ESTATE OWNERS

EXHIBIT P8 PHOTOGRAPH SHOWING THE BOUNDARY STONES

EXHIBIT P9 PHOTOGRAPH SHOWING THE ROAD TO PETITIONER'S ESTATE

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 20.12.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WP(C) NO. 683 OF 2019

RESPONDENT EXHIBITS

EXHIBIT R1(a) TRUE COPY OF THE NOTIFICATION DATED 1383/77 DATED 29-07-1977

ANNEXURE R1(b) TRUE COPY OF THE PERIPHERY SKETCH OF VFC ITEM 37/1, PUZHAKKALIDAM MALAVARAM PREPARED BY THE FOREST MINI SURVEY.

ANNEXURE R1(c) TRUE COPY OF THE GOOGLE MAP

ANNEXURE R1(d) TRUE COPY OF THE PHOTOGRAPH OF THE ROAD.

EXHIBIT R1(A) TRUE COPY OF THE JUDGEMENT IN MFA 394/1978 DATED 27.8.1984