P.K. Vijayakumar vs State Of Kerala
2024 Latest Caselaw 27705 Ker

Kerala High Court

P.K. Vijayakumar vs State Of Kerala on 13 September, 2024

                                                             2024:KER:70373


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

     FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946

                          WP(C) NO. 32619 OF 2024

PETITIONER:

            P.K. VIJAYAKUMAR,
            AGED 70 YEARS,
            S/O. LATE DIVAKARA KAIMAL, VAIPOOR HOUSE,
            VAZHAPPALLY P.O, CHANGANACHERRY,
            KOTTAYAM, PIN - 686 013.

            BY ADVS.
            M.C.BINDUMOL
            R.K.PRASANTH




RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
            KERALA, SECRETARIAT, TRIVANDRUM,
            PIN - 695 001.

    2       THE HON'BLE MINISTER OF FOREST,
            GOVERNMENT OF KERALA, SECRETARIAT,
            TRIVANDRUM, PIN - 695 001.

    3       CUSTODIAN OF VESTED FOREST,
            EASTERN CIRCLE, ARANYA BHAVAN,
            OLAVAKKODE, PALAKKAD,
            PIN - 678 002.

            SPL GP SRI. T.P SAJAN


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.32619 of 2024


                                                              2024:KER:70373
                                       -2-

                                JUDGMENT

(Dated this the 13th day of September, 2024)

The petitioner has approached this Court with the

following prayers;

"i) issue a writ of mandamus or any other writ or order compelling the 3rd respondent to consider Exhibit P2 representation , after affording an amble opportunity of being heard to the petitioner within a time frame fixed by the Hon'ble High Court, thinks fit and proper;

ii) Dispense with English translation of documents produced in vernacular language;&

iii) issue any other writ, order or direction as this Hon'ble Court deem fit and proper in the facts and circumstances of the case."

2. According to the petitioner his father was in possession

and enjoyment of 15 acres out of 22.57 acres of land in Survey

No.1/8A1A of Akathethara Village, Palaghat Taluk. As per the

proceedings before the land Tribunal, Palaghat, the right title and

interest of the landlord was assigned to one Divakara Kaimal as

per Ext.P1. Petitioner's father cultivated the property with coffee,

pepper and other seasonal crops. The petitioner is the co-owner of

the property along with other siblings. The forest officials,

arbitrarily and by a wrong approach, have taken steps to take over

2024:KER:70373

the land. They have now constucted a 'JANDA' on the property.

Immediately the petitioner filed Ext.P2, representation for

exclusion of land from the western forest after survey.

3. The counsel for the petitioner submits that the limited

prayer is for the disposal of Ext.P2.

4. Having heard the counsel for the petitioner as well as

the learned Special Government Pleader for the forest, I deem it

appropriate to direct the 3 rd respondent to take up Ext.P2 and pass

appropriate orders within a period of 2 months from the date of

receipt of a copy of the judgment. The Hon'ble Minister of Forest

who is arrayed as the 2nd respondent is deleted from the party

array.

The writ petition is disposed of.

Sd/-

BASANT BALAJI JUDGE

ADS

2024:KER:70373

APPENDIX OF WP(C) 32619/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE LAND TRIBUNAL BEARING NO. 294/76 DATED 26TH JULY 1976 ISSUED BY LAND TRIBUNAL, PALGHAT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION BEFORE THE CUSTODIAN OF VESTED FOREST, EASTERN CIRCLE, PALAKKAD DATED 13/06/2024.

EXHIBIT P3 POSTAL ACKNOWLEDGMENT DATED 15.06.2024.