Tamil Selvan vs The Range Forest Officer
2024 Latest Caselaw 27063 Ker

Kerala High Court

Tamil Selvan vs The Range Forest Officer on 6 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 28303/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
                         WP(C) NO. 28303 OF 2024

PETITIONER:

           TAMIL SELVAN
           AGED 64 YEARS, S/O SHABARI MUTHU,
           RESIDING AT VAYALUR, SHOLAYUR VILLAGE,
           (POST) SHOLAYUR, ATTAPADI TALUK,
           PALAKKAD DISTRICT, PIN - 678581

           BY ADV P.K.MOHANAN(PALAKKAD)
RESPONDENTS:

     1     THE RANGE FOREST OFFICER
           AGALI RANGE, POST AGALI, ATTAPADI TALUK,
           PALAKKAD DISTRICT, PIN - 678581
     2     THE DIVISIONAL FOREST OFFICER
           DIVISIONAL FOREST OFFICE,
           MANNARKKAD FOREST DIVISION,
           POST MANNARKKAD,
           PALAKKAD DISTRICT, PIN - 678582
           T.P.SAJAN, SPL. G.P.(FOREST)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 28303/2024

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                           JUDGMENT

The petitioner claims to be the owner in possession of 2

Hectares, 2 Ares and 35 Square Meters of land situated in Survey

No.1728/1 of Sholayur Village, Attapadi Taluk in Palakkad District,

covered by Ext.P1. The petitioner submitted Ext.P3 application to the

respondent No.2 to issue a No-Objection Certificate for the sale of the

above property, since it shares the boundary of the forest. The limited

prayer in this writ petition is to give a direction to the respondent No.2

to dispose of Ext.P3 application within a time frame.

Having heard Sri.P.K.Mohanan, the learned counsel appearing for

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

Pleader (Forest), this writ petition is disposed of with a direction to the

respondent No.2 to dispose of Ext.P3 application, in accordance with

law, after hearing the petitioner, within a period of two months from

the date of receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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APPENDIX OF WP(C) 28303/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE DATED 18.11.1980 ISSUED BY LAND TRIBUNAL, AGALI TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE REVENUE RECEIPT DATED 02.03.2020 ISSUED FROM THE VILLAGE OFFICE, SHOLAYUR FOR THE EXT.P1 LAND EXHIBIT P3 TRUE COP OF THE APPLICATION DATED 12.03.2020 SUBMITTED TO THE DIVISIONAL FOREST OFFICER, MANNARKKAD