Maymol P Davis vs Chief Forest Conservator & Special ...
2024 Latest Caselaw 5898 Ker

Kerala High Court

Maymol P Davis vs Chief Forest Conservator & Special ... on 23 February, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                           WP(C) NO. 2156 OF 2024
PETITIONER:

              MAYMOL P DAVIS,AGED 32 YEARS
              PYNADATH HOUSE , PLAMUDY PO, THRIKKARIYOOR VIA,
              KOTTAPPADY ERNAKULAM DISTRICT, PIN - 686692

              BY MAYMOL P DAVIS (Party-In-Person)



RESPONDENTS:

1             CHIEF FOREST CONSERVATOR & SPECIAL OFFICER
              RKDP-PMU, FOREST HEADQUARTERS, 4TH FLOOR,
              VANALAKSHMI, VAZHUTHAKKADU,
              THIRUVANANTHAPURAM, PIN - 695014

ADDL.R2       THE GOVERNMENT OF KERALA,
              KERALA FOREST AND WILDLIFE DEPARTMENT,
              REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
              FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001
              ADDL.R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED 23.02.2024
              IN WP(C) NO.2156/2024

OTHER PRESENT:

              SRI. SANGEETH C U -SPL.GP



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.2156 of 2024                                   2



                                 VIJU ABRAHAM, J.
                 .................................................................
                             W.P(C). No.2156 of 2024
                 .................................................................
                 Dated this the 23rd day of February, 2024


                                       JUDGMENT

Petitioner has approached this Court seeking a direction to the 2 nd

respondent to take appropriate decision on Ext.P1 application submitted

by her mother who is now suffering from cancer. Ext.P1 application is

submitted as per Ext.P2 guidelines for voluntary relocation of

willing/eligible families from the non-tribal private settlements inside the

forest as part of the Rebuild Kerala Development Programme. Petitioner

submits that all necessary documents in support of the application have

been produced.

2. Learned Government Pleader for Forests upon instruction

submitted that the petitioner could not produce the original of the patta.

3. Petitioner relying on Ext.P17 communication issued by the

Tahasildar, Kunnathunadu submits that it is specifically mentioned therein

that a copy of the patta issued as PF-25/74 could not be given to the

petitioner for the reason that the records in respect of the same have

been destroyed at this distance of time. Petitioner would submit that a

reference is made in Ext.P5 document regarding the patta issued as PF-

25/74. Ext.P3 is the title deed whereas Exts.P4 and P5 are the prior

deeds in respect of the said property. All these documents have been

submitted by the petitioner in support of Ext.P1 application. Petitioner

would further submit that as per Ext.P15 communication by the Divisional

Forest Officer, Malayattoor she was informed that the application in

respect of the petitioner could be considered and decided at the

Government level after verifying the authenticity of the property in view of

the fact that the original patta in respect of the said property has been lost

and the same could not be reconstructed as all the documents had

already been destroyed. Petitioner submits that she and her family have

been subjected to recurrent wildlife attacks as is evident from Exts.P21 to

P24 whereby compensation has been granted for the damages caused to

them. Learned Government Pleader for Forests would submit that in the

said circumstance Ext.P1 application could be forwarded to the

Government for necessary action as a special case and a direction may

be issued to the Government, additional 2 nd respondent, to take a final

decision in the matter

In view of the above facts and circumstances and especially taking

into consideration the fact that the petitioner and her family have been

subjected to recurrent wildlife attack as is evident from Exts.P21 to P24,

there will be a direction to the 1 st respondent to forward Ext.P1 application

to the additional 2nd respondent Government, with its necessary views

and observations within a period of ten days from the date of receipt of a

copy of the judgment. The additional 2 nd respondent shall finalise the

proceedings on Ext.P1 application within an outer limit of four months

from the date of receipt of the same, after affording an opportunity of

being heard to the petitioner.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 2156/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RECEIPT FOR THE SUBMISSION OF THE REBUILD KERALA DEVELOPMENT PROGRAM APPLICATION FORM DATED 22.08.2023

Exhibit P2 GUIDELINES RECEIVED BY THE PETITIONER THROUGH THE RIGHT TO INFORMATION ACT 2005 FOR THE VOLUNTARY RELOCATION OF ELIGIBLE FAMILIES FROM INSIDE THE FOREST, OBTAINED FROM THE STATE PUBLIC INFORMATION OFFICER AT FOREST HEADQUARTERS, VAZHUTHAKKADU, TRIVANDRUM, 695014. DATED 18.12.2023

Exhibit P3 TRUE COPY OF TITLE DEED NUMBER 2359/05 IN THE NAME OF DAVIS P GEORGE ( PETITIONER`S FATHER) AND MOLLY DAVIS DATED 25-08-2005

Exhibit P4 TRUE COPY OF PRIOR DEED NUMBER 341/1987 BY ELATHINAKKUZHIYIL MR. MUNDAN SON VELAYUDHAN TO ENJACKAL PAULOSE AND HIS WIFE ROSSA , SURVEY NUMBER 199/3/1,LLR,35SQ DATED 20TH JANUARY 1987

Exhibit P5 TRUE COPY PRIOR DEED NUMBER 3573/86 WHICH MENTIONED PATTA ,IE PANDARAPPATTAM PF 25/74. DATED ON 19 TH JUNE 1986

Exhibit P6 TRUE COPY OF PRIOR DEED NUMBER 1942/1973 BY ELATHINAKUZHIYIL MUNDAN SON VELAYUDHAN TO BY KANJIRUTHINGAL KORA SURVEY NUMBER 199/3/1 DATED 29TH MARCH 1983

Exhibit P7 TRUE COPY PRIOR DEED NUMBER 2195/1/1973 BY KANJIRUTHINGAL KORA TO HIS SON KANJIRUTHINGAL ABRAHAM SURVEY NUMBER 199/3/1 DATED 20TH JULY 1973

Exhibit P8 TRUE COPY OF DEPENDENCY CERTIFICATE ISSUED BY VENGOOR VILLAGE OFFICER TO SUBMIT FOR THE BENEFIT OF RKDP PROJECT DATED 27/06/2023

Exhibit P9 TRUE COPY OF LAND TAX RECEIPT BY APPLICANT DATED ON 17/06/2022

Exhibit P10 TRUE COPY OF OWNERSHIP CERTIFICATE FOR THE BENEFIT OF RKDP BY APPLICANT DATED 08/03/2023

Exhibit P11 TRUE COPY OF POSSESSION CERTIFICATE DATED ON 22/06/2023

Exhibit P12 TRUE COPY OF ENCUMBRANCE CERTIFICATE OF LAND OWNED BY THE APPLICANT FOR THE BENEFIT OF RKDP DATED 23/06/2023

Exhibit P13 TRUE COPY OF REPLY FROM CHIEF FOREST CONSERVATORY & SPECIAL OFFICER RKDP-PMU, TRIVANDRUM THROUGH RIGHT TO INFORMATION ACT 2005 STATING PATTAYAM IS A MANDATORY DOCUMENT FOR RKDP DATED ON 19/09/2023

Exhibit P14 TRUE COPY OF REPLY FROM STATE PUBLIC INFORMATION OFFICER & JUNIOR SUPREND, O/A CHIEF CONSERVATOR OF FOREST, FOREST HEADQUARTERS, VAZHITHAKKADU, THIRUVANANTHAPURAM THROUGH RIGHT TO INFORMATION ACT 2005 STATING PATTAYAM IS MANDATORY FOR RKDP AND BTR LAND RECORDS WILL NOT BE ACCEPTED IN RKDP PROJECT DATED ON 09/10/2023

Exhibit P15 TRUE COPY OF REPLY FROM DIVISIONAL FOREST OFFICER MALAYATTOR DIVISION FOREST OFFICE ,MR. RAVI KUMAR MEENE LFS VALID PATTAYAM IS MANDATORY FOR RKDP AND BTR LAND DOCUMENT WILL NOT BE ACCEPTED FOR RKDP PROJECT DATED 11/01/2024

Exhibit P16 TRUE COPY OF REPLY FROM BIJI SIVAN , STATE PUBLIC INFORMATION OFFICER & JUNIOR SUPREND, O/O CHIEF CONSERVATOR OF FOREST, FOREST HEADQUARTERS, VAZHITHAKKADU, THIRUVANANTHAPURAM THROUGH RIGHT TO INFORMATION ACT 2005 STATING PATTAYAM IS MANDATORY DOCUMENT FOR RKDP PROJECT DATED 16/01/2024

Exhibit P17 TRUE COPY OF REPLY FROM THAHSILDEAR , KUNNETHUNADU STATING OFFICE HAS LOST THE PETITIONER'S PATTAYAM PF25/4 AND PATTAYAM ISSUED REGISTER AND RELATED DOCUMENTS FROM

THE OFFICE DATED 29/11/2023

Exhibit P18 TRUE COPY OF REPLY FROM MR SALIMKUTTI CK , PUBLIC INFORMATION OFFICER & DEPUTY THAHSILDEAR (H&Q)THALUK OFFICE, KUNNATHUNEDU THROUGH RIGHT TO INFORMATION ACT 2005 STATING PETITIONER'S PATTAYAM IS LOST FROM THE THALUK OFFICE DATED 07/11/2023

Exhibit P19 TRUE COPY OF REPLY FROM THAHSILDAAR , KUNNATHUNADU, STATING THALUK OFFICE HAS LOST DOCUMENTS RELATED TO PETITIONER'S PATTAYAM PF25/4 DATED ON 26/07 2023

Exhibit P20 TRUE COPY OF A FACEBOOK POST PUBLISHED BY PETITIONER'S GRAMA PANCHAYTH,IE, VENGOOR GRAMA PANCHAYTH REGARDING RKDP PROJECT TO HIGHLIGHT HONORABLE HIGH COURT OF KERALA'S SPECIAL ATTENTION

Exhibit P21 TRUE COPY OF COMPENSATION RECEIPT NO AKS/20701206A022/4 FROM FOREST WILDLIFE DEPARTMENT DATED 19/01/2022

Exhibit P22 TRUE COPY OF COMPENSATION RECEIPT NO AKSA0700406/2022/1064 FROM FOREST WILDLIFE DEPARTMENT DATED 30/07/2022

Exhibit P23 TRUE COPY OF COMPENSATION RECEIPT NO AKS/20701206¢023/362 FROM FOREST WILDLIFE DEPARTMENT DATED 14/03/2023

Exhibit P24 TRUE COPY OF COMPENSATION RECEIPT NO AKS/20701206/2023/361 FROM FOREST WILDLIFE DEPARTMENT DATED 14/03/2023