Kerala High Court
Lusy Thomas vs State Of Kerala on 16 October, 2025
WP(C).No.29706 of 2021 1
2025:KER:76959
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 29706 OF 2021
PETITIONER:
LUSY THOMAS,
AGED 59 YEARS
W/O. V.I. ROY, VADAKKAN HOUSE, KUMARAPURAM P.O,
PALAKKAD DISTRICT-683 565
BY ADVS.
SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
FOREST AND WILF LIFE, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 CUSTODIAN OF VESTED FORESTS,
ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE 678
002.
3 DIVISIONAL FOREST OFFICER,
RAILWAY COLONY, OLAVAKKODE P.O, PALAKKAD 678 002.
4 CHIEF CONSERVATOR OF FORESTS,
STATE OF KERALA, THIRUVANANTHAPURAM-695 001
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.29706 of 2021 2
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VIJU ABRAHAM,J
-------------------
WP(C).No.29706 of 2021
-------------------------------
Dated this the 16th day of October, 2025
JUDGMENT
When the matter came up for consideration,
the learned counsel for the petitioner would
submit that the petitioner is limiting his relief
to the first portion of the second prayer, wherein
they have sought for a direction to the
respondents to complete all legal formalities in
relation to the restoration process in respect of
O.A.No.1002 of 1974 of the Forest Tribunal,
Palakkad.
2. The learned Special Government (Forest),
upon instructions submits that the petitioner was
directed to produce relevant documents, including
the title deed, in support of his claim, and he
has not produced the same and that in the reason
for the delay in completing the proceedings
pursuant to the order in OA No.1002 of 1974 of the
Forest Tribunal, Palakkad.
3. The learned counsel for the petitioner
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submits that whatever documents that is required
will be produced before the 2nd respondent, within
a period of one month. The 2nd respondent shall
finalise the proceedings regarding restoration of
the land pursuant to the direction issued in OA
No.1002 of 1974 of the Forest Tribunal, Palakkad,
without any delay, at any rate, within an outer
limit of 6 months from the date of production of
the documents as directed above.
The above writ petition is disposed of as
above.
sd/-
VIJU ABRAHAM,
JUDGE
pm
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APPENDIX OF WP(C) 29706/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF LICENCE TO DANGEROUS AND
OFFENSIVE TRADES AND FACTORIES RULES
ISSUED BY THE MANNU GRAMA PANCHAYAT NO.
58/13-14 DATED 12.4.2013.
EXHIBIT P2 TRUE COPY OF LICENCE TO DANGEROUS AND
OFFENSIVE TRADES AND FACTORIES RULES
ISSUED BY THE MANNUR GRAMA PANCHAYAT NO.
5713-14 DATED 12.4.2013.
EXHIBIT P3 TRUE COPY OF LICENCE TO DANGEROUS AND
OFFENSIVE TRADES AND FACTORIES RULS
ISSUED BY THE MANNUR GRAMA PANCHAYAT NO.
56/13-14 DATED 12.4.2013.
EXHIBIT P4 TRUE COPY OF CONSENT TO OPERATE STONE
CRUSHER UNIT DATED 14.11.2012 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
TO THE KOHINOOR GRANITE CRUSHER UNIT.
EXHIBIT P5 TRUE COPY OF CONSENT TO OPERATE
QUARRYING UNIT DATED 10.5.2012 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
TO THE KOHINOOR GRANITE CRUSHER UNIT.
EXHIBIT P6 TRUE COPY OF NO OBJECTION CERTFICATE
ISSUED TO LATE V.I. ROY AS MANAGING
PARTNER OF KOHINOOR GRANITE CRUSHER
UNIT.
EXHIBIT P7 TRUE COPY OF EXPLOSIVE LICENCE DATED
24.5.2012 WHICH WAS ISSUED TO THE
PREDECESSOR K.T. CHENTHAMARA.
EXHIBIT P8 TRUE COPY OF THE OR NO. 13/2013 DATED
3.10.2013 BOOKED BY OLAVAKKODE FOREST
RANGE.
EXHIBIT P9 TRUE COPY OF OFFENCE NO. 15/2013 DATED
30.10.2013 BOOKED BY OLAVAKKODE FOREST
RANGE.
EXHIBIT P10 TRUE COPY OF THE COMMON ORDER DATED
30.09.1908 OF THE FOREST TRIBUNAL IN
O.A. NOS. 400 TO 405 OF 1976.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
13.8.2013 IN W.P.C NO. 19795/2013 OF
THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF ORDER DATED 26.10.2013 OF
ADDITIONAL PRINCIPAL CHIEF CONSERVATOR
OF FORESTS.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 24.4.1998
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IN IA 117/97 IN OA NO. 1002/1974 OF THE
FOREST TRIBUNAL, KOZHIKODE.
EXHIBIT P14 TRUE COPY OF THE SKETCH PREPARED BY THE
ASS.T DIRECTOR, FOREST MINI SURVEY.
EXHIBIT P15 TRUE COPY OF MAHAZAR DATED 1.10.2013
EXHIBIT P16 TRUE COPY OF MAHAZAR DATED 28.10.2013
PREPARED IN OR NO. 15/2013.
EXHIBIT P17 TRUE COPY OF CHARGE SHEET DATED
15.6.2016 N OR NO. 13/2013.
EXHIBIT P18 TRUE COPY OF CHARGE SHEET IN OR NO.
15/2013 DATED 30.10.2013.
EXHIBIT P19 TRUE COPY OF THE ORDER IN O.A. NO.
1002/1974 DATED 26.11.1977 PASSED BY
FOREST TRIBUNAL, PALAKKAD.
RESPONDENTS' ANNEXURES
ANNEXURE R3(A) TRUE COPY OF THE LETTER NO- VO 33/2022
DATED 9.5.2022 OF VILLAGE OFFICER MANNUR
