Kerala High Court
Viswanathan vs Custodian Of Vested Forest And Chief ... on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 4004/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 4004 OF 2024
PETITIONER:
VISWANATHAN
AGED 71 YEARS, S/O KALYANIKUTTIAMMA,
RESIDING AT THAZHATHEMOLANJOOR,
KADAMBOOR, VADAKKUMBRAM, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679515
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENTS:
1 CUSTODIAN OF VESTED FOREST AND
CHIEF CONSERVATOR OF FOREST
ARANYA BHAVAN COMPLEX, PUTHUPPARIYARAM,
EASTERN CIRCLE, OLAVAKKODE,
PALAKKAD, PIN - 678733
2 DIVISIONAL FOREST OFFICER
O/O DIVISIONAL FOREST OFFICE, ATHIRA NAGAR,
PUTHUPPARIYARAM, PALAKKAD, PIN - 678009
T.P.SAJAN, SPL. G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 4004/2024
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JUDGMENT
The property belonging to the petitioner and others having an
extent of 18.08 Acres of of land comprised in Survey Nos.51, 52/1, 2
and 5 and Survey No.57/4 of Kanikkunnam Amsom, Pullandasserri
Desom, Palakkad, was notified as private forest under the Kerala
Private Forest (Vesting and Assignment) Act, 1971. The petitioner and
others approached the Forest Tribunal, Palakkad in O.A.No.275/1979
challenging the vesting. The said O.A. was allowed in favour of the
petitioner declaring that the above property has not been vested in
the Government. Thereafter, the petitioner filed this writ petition to
give a direction to the respondents to restore the property covered by
the order in O.A.No.275/1979.
2. I have heard Sri.M.P.Madhavankutty, the learned counsel
appearing for the petitioner and Sri.T.P.Sajan, the learned Special
Government Pleader.
3. In the counter statement filed by the respondent No.2, it is
contended that the property has now been notified as ecologically
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fragile land under the Kerala Forests (Vesting and Management of
Ecologically Fragile Lands) Act, 2003. Annexure R2(a) is the
notification.
In view of this development, this writ petition is disposed of with
liberty to the petitioner to challenge Annexure R2(a) before the
Tribunal.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 4004/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 23-01-
EXHIBIT P2 TRUE COPY OF THE ORDER IN O.A. NO. 275/1979 DATED
19-04-1982 BEFORE THE FOREST TRIBUNAL, PALAKKAD
EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED UNDER RIGHT TO
INFORMATION ACT BY THE ADDITIONAL PRINCIPAL CHIEF
CONSERVATOR'S OFFICE DATED 01-06-2018 BEARING
NO., R/1520-18 (RTI)
EXHIBIT P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 04-02-2021 BEFORE THE 1ST
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 16-01-2024
BEFORE THE 1ST RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE R2(a) TRUE COPY OF THE NOTIFICATION NO.EFLI-767/21
DATED 01/11/2021
