Kerala High Court
Asha S Menon vs The State Of Kerala on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
IA.NO.1/2024 IN WP(C) NO. 13562 OF 2022 (U)
APPLICANTS/RESPONDENTS IN WPC:
1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001
2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND VESTED IN GOVERNMENT
VESTED IN GOVERNMENT (THE PRINCIPAL CHIEF CONSERVATOR OF FOREST),
FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 036
RESPONDENTS/PETITIONERS IN WPC:
1. ASHA S. MENON, D/O. SASIDHARA MENON, 'LAKSHMI', PESHKAR ROAD,
IRINJALAKUDA AMSOM, DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680
121.
2. HARIKRISHNAN.K., S/O. SANKARANKUTTY, KOTTARATHIL HOUSE, IRINJALAKUDA
AMSOM, DESOM, IRINJALAKUDA TALUK, THRISSUR DISTRICT-680 121.
3. E.RENEESH, S/O. E.MOIDEEN KOYA, EDATHIL HOUSE, FLORICAN HILL ROAD,
KARAPARMABA P.O., KOZHIKODE DISTRICT-673 101
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extent the time
stipulated to de-notify the property covered by Judgment in MFA 68/2017
and MFA 69/2017 of this Hon'ble Court as directed by judgment dated
10.3.2023 for a period of 10 months from today.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 10.03.2023 and upon hearing the arguments of GOVERNMENT PLEADER for
Petitioners in I.A/Respondents in WPC and of M/S.B.KRISHNAN,
R.PARTHASARATHY & SEEMA, Advocates for Respondents in I.A/Petitioners in
WPC, the court passed the following:
VIJU ABRAHAM , J.
===========================
I.A. No.1 of 2024
in
WP(C) No. 13562 of 2022
============================
Dated this the 23rd day of May, 2024
ORDER
This is a petition seeking extension of time to comply with the
directions in the judgment by a period of 10 months from
11.04.2024.
2. The learned Counsel appearing for the petitioners
seriously opposed the application contending that though six
months time was fixed as per the original judgment, till date no
action has been taken to comply with the direction and there is no
bonafides in submitting the present application. The learned
Government Pleader explained the steps required to finalise the
proceedings in paragraph 5 of the affidavit which reads as follows:-
"It is submitted that with regard to the property of the other
two petitioners namely Asha S. Menon and Harikrishnan K.
steps has already been taken to restore the property. For the
purpose of restoration the disputed lands are to be surveyed
and seperated between private forest and cultivated land.
Thereafter only, the restoration proposal of the land can be
prepared and restoration procedure can be initiated by
submitting the proposal before the Divisional Forest Officer
for verification of the proposal which has to be again
I.A. No.1 of 2024 in WP(C) No. 13562 of 2022
submitted before the Custodian of Vested Forest with the
recommendation of the DFO and on approval of the said
proposal the same has to be send to Government for
necessary approval and the issue of necessary notification
so that the property can be restored and the petitioner can
mutate the property into his name and pay the land tax.
The procedure for restoration of land is lengthy and the
same will take atleast six months after obtaining sketch
from the Director of Forest Mini Survey, Kozhikode."
Considering the facts and circumstances of the case and
taking into consideration the fact that the matter has been
pending consideration for long, I am not inclined to grant 10
months time as sought for by the applicants. Therefore, six
months time is granted as last chance from today to comply with
the directions in the judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
23-05-2024 /True Copy/ Assistant Registrar
