Kunjulakshmi vs The Divisional Forest Officer
2024 Latest Caselaw 33314 Ker

Citation : 2024 Latest Caselaw 33314 Ker
Judgement Date : 15 November, 2024

Kerala High Court

Kunjulakshmi vs The Divisional Forest Officer on 15 November, 2024

                                  1
W.P.(C) No.33764 of 2018

                                                        2024:KER:85315

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
                           WP(C) NO. 33764 OF 2018
PETITIONER:

              KUNJULAKSHMI
              AGED 78 YEARS, CHATTIKAPARAMBIL HOUSE,
              MANNOOR AMSAM, MANNOOR WEST PO.
              PALAKKAD 678 642

              BY ADV.
              SRI.P.BABU KUMAR

RESPONDENTS:

      1       THE DIVISIONAL FOREST OFFICER
              OLAVAKODE, PALAKKAD 678 002

      2       THE CUSTODIAN AND CHIEF FOREST CONSERVATOR
              EASTERN CIRCLE, ARANYABHAVAN, OLAVAKODE,
              PALAKKAD-678002.

      3       THE ASSISTANT DIRECTOR
              FOREST MINI SURVEY, MANTHOTTAM,
              ARAKKINAR P.O., KOZHIKODE. 673001.

      4       ADDITIONAL CHIEF SECRETARY
              FOREST AND WILD LIFE, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

      5       STATE OF KERALA,
              REP. BY CHIEF SECRETARY, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

      6       THE DIRECTOR,
              SURVEY BHAVAN, COTTON HILL ROAD,
              VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014
                                    2
W.P.(C) No.33764 of 2018

                                                              2024:KER:85315

      7       SUNI JOSEPH,
              NOW WORKING AS ASSISTANT DIRECTOR, FOREST MINI
              SURVEY, ARAKKINAR, MANTHOTTAM, KOZHIKODE-672038

      8       PRAMOD P.P.,
              NOW WORKING AS CHIEF FOREST CONSERVATOR,
              OLAVAKKODE, PALAKKAD-678002.
              [ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DATED
              25/2/2020 IN I.A-2/2020 IN WP(C) 33764/2018]


              BY ADVS.
              SRI.SANDESH RAJA.K.,
              SRI.T.P.SAJAN, SPL. G.P. (FOREST)



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.11.2024,        THE     COURT   ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
                              3
W.P.(C) No.33764 of 2018

                                                     2024:KER:85315


                 HARISANKAR V. MENON, J.
         -------------------------------
                  W.P.(C) No.33764 of 2018
         -------------------------------
          Dated this the 15th day of November, 2024

                            JUDGMENT

The petitioner has approached this Court through this writ

petition, essentially pointing out that in spite of Ext.P1 order

issued by the Forest Tribunal, Palakkad, in the year 1977, the

property concerned has not been restored to him.

2. Heard Sri.P.Babu Kumar, the learned counsel for the

petitioner and Sri.T.P.Sajan, the learned Special Government

Pleader (Forest).

3. It is noticed that an affidavit dated 09.04.2019 is

filed before this Court by the 1st respondent herein, giving the

details of the subsequent steps on the basis of Ext.P1 order.

This Court notices that, though Ext.P1 was issued in the year

1977, even as per the averments in the affidavit referred to

above, the proceedings are not finalised due to some minor

discrepancy in the property, for which a report from the 3rd

respondent was sought for. In paragraph 5 of the said affidavit,

it is specifically pointed out as under;

2024:KER:85315

"On verification it was found that 3 cents of land in southern boundary in Sy.No.121/2pt was left out as forest without having any connection with adjoining forest land. Since it was difficult to protect such bit of forest land, a correction sketch was requested from Assistant Director of Survey and the same is yet to be received in this office and the same is actively being pursued with the 3rd respondent."

The learned Government Pleader further points out that the

afore report has been received on 21.06.2003.

4. In such circumstances, it is only just and proper that

the matter is brought to a logical conclusion on the basis of the

report as above, as also the averments in paragraph 5 of the

affidavit dated 09.04.2019.

In such circumstances, this writ petition is disposed of,

directing the 2nd respondent herein to proceed in tune with the

directions contained in Ext.P1 as also the report obtained from

the 3rd respondent herein and restore possession of the

property in question to the petitioner, within a period of four

months from the date of receipt of a copy of this judgment.