Kerala High Court
Nalakath Hussain vs The Forest Range Officer on 5 March, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:18478
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
OP(CRL.) NO. 3857 OF 2013
AGAINST O.R. NO.7/13(K) ON THE FILES OF THE JUDICIAL FIRST
CLASS MAGISTRATE SPECIAL COURT (FOREST) MANJERI
PETITIONERS:
1 NALAKATH HUSSAIN
S/O KADEEJA, NALAKATH HOUSE,
ERANHIMANGAD P.O, VIA NILAMBUR,
ERANAD TALUK, MALAPPURAM DISTRICT
2 KANJIRAMPARA SULAIMAN
S/O HYDRU, KURUMBALANGODE,
VELLIMUTTAM, ERNAD TALUK,
MALAPPURAM DISTRICT
3 ABDURAHIMAN
S/O HYDROS, PARAKKATTUTHODI HOUSE,
KURUMBALANGODE, VELLIMUTTAM,
ERANAD TALUK, MALAPPURAM DISTRICT
BY ADVS.
SRI.T.SETHUMADHAVAN
SRI.K.JAYESH MOHANKUMAR
SRI.PUSHPARAJAN KODOTH
SMT.VANDANA MENON
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O.P.(CRL) NO.3857 OF 2013
2
RESPONDENTS:
1 THE FOREST RANGE OFFICER
NILAMBUR 679330
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
BY ADV .
SRI. T.P. SAJAN, SPL. GP (FOREST)
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P.(CRL) NO.3857 OF 2013
3
JUDGMENT
This Original Petition has been filed to quash all further
proceedings pursuant to Ext.P1 report in O. R. No.7/13(K) on
the files of the Judicial First Class Magistrate Special Court
(Forest), Manjeri.
2. The 1st petitioner is the son of one Nalakath
Khadeeja. The 2nd and 3rd petitioners are the agricultural
employees engaged by the 1st petitioner. The petitioners
were arrayed as accused Nos.1 to 3 in O. R. No.7/13(K)
registered by the Range Forest Officer, Nilambur Range. The
offences alleged against the petitioners are under Section 27
(i) (e) (iv) (i) & (iii) of the Kerala Forest Act, 1993. The
allegation against the petitioners is that on 19.10.2013, they
forcibly entered into the property comprised in O. A.
Nos.40/1990, 41/1990, 42/1990 and 43/1990, which is a
forest land and conducted weeding work and tapped 13
rubber trees. The petitioners have approached this Court to
quash Ext.P1 on the ground that even if the entire
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O.P.(CRL) NO.3857 OF 2013
allegations therein are believed in toto, no offence is
attracted against them inasmuch as the property in question
is a well developed rubber plantation in the exclusive
possession of the mother of the 1 st petitioner as well as her
relatives, who are other applicants in the OAs referred to in
Ext.P1.
3. I have heard the learned counsel for the petitioners
and the learned Special Government Pleader.
4. The 1st petitioner's mother is the applicant in O. A.
No.40/1990 on the files of the Forest Tribunal, Kozhikode.
Her relatives are the applicants in O. A. Nos.41/1990,
42/1990 and 43/1990. The properties covered by all these
OAs are adjacent properties. They were notified as vested
private forest. The 1st petitioner's mother and her relatives
challenged the vesting before the Forest Tribunal in the OAs
mentioned above. Initially, all the OAs were allowed in
favour of the 1st petitioner's mother and her relatives. The
Government challenged the order of the Forest Tribunal
before this Court in appeal. This Court allowed the appeal
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O.P.(CRL) NO.3857 OF 2013
and remanded back the OAs to the Forest Tribunal. The
Forest Tribunal dismissed the OAs. The dismissal of the OAs
by the Forest Tribunal was challenged by the 1 st petitioner's
mother and her relatives before this Court. This Court
allowed all the OAs. It was challenged by the Government
before the Supreme Court. The Supreme Court remanded
the matter again to the Forest Tribunal. The Forest Tribunal
as per Ext.P10 order dated 13.03.2012 dismissed the OAs
again. The allegation in Ext.P1 is that after the dismissal of
the OAs on 13.03.2012, the property was being maintained
as a forest land and the petitioners knowing that it is a forest
land, trespassed into the said land and tapped 13 rubber
trees.
5. The 1st petitioner's mother and her relatives
challenged Ext.P10 order of the Forest Tribunal before this
Court in MFA Nos.131/2012, 133/2012, 141/2012 and
1/2013. All these appeals were heard together and allowed.
The learned counsel for the petitioners made available to me
a copy of the judgment of this Court in M.F.A. No.131/2012
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and connected cases. A reading of the said judgment would
show that all the properties covered by the OAs including
the properties belonging to the mother of the 1 st petitioner
and the subject matter of the OR were excluded from the
definition of the private forest under the Vesting Act. It is
submitted that the said judgment has become final. As this
Court has declared that the property in question is not a
private forest and is in the possession of the mother of the
1st petitioner, the prosecution initiated against the
petitioners as per Ext.P1 will not lie. Accordingly, Ext.P1
report and all further proceedings in O. R. No.7/13(K) on the
files of the Judicial First Class Magistrate Special Court
(Forest), Manjeri stands hereby quashed.
The Original Petition is allowed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
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O.P.(CRL) NO.3857 OF 2013
APPENDIX OF OP(CRL.) 3857/2013
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MAHAZAR FIRST REPORT IN
FORM A-1 DATED 19-10-2013 PREPARED BY
THE IST RESPONDENT ALONG WITH FORM 1
UNDER SECTION 52 OF THE KERALA FOREST
ACT
EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THIS
HJON'BLE COURT DATED 29-07-2013 IN IA NO
EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT DATED 29-07-2013 IN I.A NO
EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT DATED 29-07-2013 IN I.A NO
EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT DATED 29-07-2013 IN I.A NO
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 25-10-2013
PASSED BY THIS HON'BLE COURT IN I.A NO
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 25-10-2013
PASSED BY THIS HON'BLE COURT IN I.A NO
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 25-10-2013
PASSED BY THIS HON'BLE COURT IN I.A NO
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25-10-2013
PASSED BY THIS HON'BLE COURT IN I.A NO
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EXHIBIT P10 TRUE COPY OF THE COMMON ORDER IN O.A NOS
40/90.41/90,42/90 & 43/90 PASSED BY THE
FOREST TRIBUNAL, KOZHIKODE, DATED
13-03-2012
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED
24-09-2013 ISSUED BY THE DIVISIONAL
FOREST OFFICER, NILAMBUR TO THE
CUSTODIAN OF VESTED FORESTS, PALAKKAD
EXHIBIT P12 TRUE COPY OF THE AFFIDAVIT AND THE
APPLICATION SUBMITTED BY THE MOTHER OF
THE IST PETITONER AS I.A NO 2012/2013 IN
MFA NO 141/2012 DATED 24-07-2013
RESPONDENTS' ANNEXURES:
ANNEXURE - I TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER
ANNEXURE - II TRUE COPY OF THE LETTER NO.C19021/88
DATED 05.10.2013
ANNEXURE - III TRUE COPY OF THE OBJECTION FILED BY THE
FOREST OFFICIALS IN IA NO.1117/13 IN MFA
NO.1/13 PENDING BEFORE THIS HON'BLE
COURT
