Kerala High Court
Suresh vs State Of Kerala Represented By The ... on 12 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(C) NO. 566 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.189 OF 2018 OF
MUNSIFF COURT, PEERUMEDU
PETITIONERS/PLAINTIFFS:
1 SURESH
AGED 58 YEARS, S/O. LATE RAVEENDRAN,
RESIDING AT PUTHENPURAYIL HOUSE,
62ND MILE, PERIYAR VILLAGE,
PEERMADE TALUK, PIN - 685509
2 RAJESH
AGED 54 YEARS, S/O. LATE RAVEENDRAN,
RESIDING AT PUTHENPURAYIL HOUSE,
62ND MILE, PERIYAR VILLAGE,
PEERMADE TALUK., PIN - 685509
3 SHEELA.R
AGED 56 YEARS, W/O. SUNIL,
HARISREE H P C, KARUPAPALAM,
VALLAKADAVU, PERIYAR VILLAGE,
PEERMADE TALUK, PIN - 685533
4 SINDHUKUMARI
AGED 52 YEARS, W/O. AJI CHERUNKAL HOUSE,
ETTUMANOOR, ETTUMANOOR VILLAGE,
KOTTAYAM DISTRICT., PIN - 686631
BY ADVS.
M.NARENDRA KUMAR
HARSHADEV M.
RESPONDENTS/DEFENDANTS:
1 STATE OF KERALA REPRESENTED BY THE
DISTRICT COLLECTOR
IDUKKI AT PAINAVU, KURILIMALA,
IDUKKI VILLAGE., PIN - 685603
2 THE DIVISIONAL FOREST OFFICER
WILDLIFE, THEKKADY, KUMALY VILLAGE,
PEERMADE TALUK., PIN - 686509
3 FOREST RANGE OFFICER
VALLAKKADAVU RANGE OFFICE, VALLAKKADAVU,
O.P.(C) No. 566/2024
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VANDIPERIYAR, PERIYAR VILLAGE,
PEERMADE TALUK, PIN - 685533
4 THE TAHSILDAR
TALUK OFFICE, PEERMADE VILLAGE,
PEERMADE TALUK, PIN - 685531
SRI.NAGARAJ NARAYANAN, SPL.G.P. (FOREST)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 566/2024
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JUDGMENT
This original petition has been filed to give a direction to the Munsiff
Court, Peerumedu to consider and dispose of Ext.P7 application.
2. The petitioners are the plaintiffs and respondents are the
defendants. The suit is one for declaration and injunction. A Commissioner
was deputed and he after inspection filed report and plan. The petitioners filed
I.A.No.9/2024 to remit the Commissioner's report and plan. However, it was
not considered by the trial court probably for the reason that this Court in
Ext.R3(f) judgment gave a time limit of six months to dispose of the suit. It is
in these circumstances, the petitioners have approached this Court.
3. I have heard the learned counsel for the petitioners as well as
Sri.Nagaraj Narayanan, the learned Special Government Pleader (Forest).
4. Since an interim stay has been granted by this Court, the time
limit stipulated in Ext.R3(f) judgment is already over. In these circumstances,
I am of the view that the learned Munsiff can be directed to consider and pass
orders on Ext.P7. Hence, the Munsiff Court, Peerumedu is directed to
consider and dispose of Ext.P7, in accordance with law. The learned Standing
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Counsel for the respondents submitted that, the respondents have also filed
I.A.No.11/2024 to conduct the inspection with the help of the mini survey
team. In the event, the trial court allows Ext.P7, the trial court is directed to
consider I.A.No.11/2024 as well.
This original petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF OP(C) 566/2024
PETITIONER EXHIBITS
EXHIBIT -P1 TRUE THE TRUE COPY OF THE PLAINT IN O.S. NO.
189 OF 2018 IN THE COURT OF MUNSIFF'S COURT,
PEERMADE DATED 28.9.2018
EXHIBIT -P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
DEFENDANTS IN OS NO. 189/2018 DTAED 16.2.2024
EXHIBIT -P3 TRUE COPY OF I.A. NO. 431 OF 2019 IN OS NO.
189/2018 DATED 25.6.2019
EXHIBIT -P4 TRUE COPY OF THE CERTIFICATE ISSUED AS PER
ORDER DATED 31.01.2023 IN I.A. NO. 3 OF 2023
EXHIBIT -P5 TRUE COPY OF THE ORDER DATED 14.09.2023 IN IA
EXHIBIT -P6 TRUE COPY OF THE REPORT AND PLAN DATED
21.2.2024 FILED BY THE ADVOCATE COMMISSIONER
EXHIBIT -P7 TRUE COPY OF THE IA NO. 9/2024 IN OS 189/2018
DATED 26.2.2024
RESPONDENT ANNEXURES
ANNEXURE R3(A) TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR
PEERMEDU
ANNEXURE R3(C) TRUE COPY OF THE LITHO MAP SHOWING THE SURVEY
NUMBERS 117, 118 AND 339
ANNEXURE R3(E) TRUE COPY OF THE JUDGMENT DATED 27.03.2019 IN
ANNEXURE R3(F) TRUE COPY OF THE JUDGMENT DATED 18.09.2023 IN
ANNEXURE R3(B) TRUE COPY OF THE RELEVANT PAGES OF RATTENDON
VALLEY RESERVE NOTIFICATION DATED 11.08.1950
AND PUBLISHED IN TRAVANCORE COCHIN GAZETTE
DATED 22.08.1950
ANNEXURE R3(D) TRUE PHOTOCOPY OF THE CERTIFIED COPY OF THE
TRAVERSE REFIXING SKETCH PREPARED IN 1974
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SHOWING OLD SURVEY STONES AND PARA MARKS
SEPARATING FOREST BOUNDARY WITH THE SURVEY
NOS 117,118
ANNEXURE R3(G) TRUE COPY OF THE COMMISSION REPORT IN IA
NO.431 OF 2019 IN OS NOS 189/2018 OF
HONOURABLE MUNSIFFS COURT, PEERMADE
ANNEXURE R3(H) TRUE COPY OF THE RELEVANT PAGES OF PURAMBOKE
REGISTER OF PERIYAR VILLAGE SHOWING SURVEY
NUMBER 339 AS FOREST/CATCHMENT AREA
(KAADU/CATCHEMENT AREA)
ANNEXURE R3(I) TRUE COPY OF THE RELEVANT PORTION OF BTR OF
PERIYAR VILLAGE SHOWING SURVEY NOS 117 AND
