Disposed

P.K.Ramachandran v. State of Kerala

Kerala HC16 Jul 2010WP(C)/17648/2009

Case brief

AI extract

What is this about?

Petitioners, legal heirs of late Kombi, sought restoration of land exempted by the Forest Tribunal under Section 8B of the Kerala Private Forest (Vesting and Assignment) Act, 1971. Upon production of a legal heirship certificate, the court directed respondents to restore the property within one month.

What did the court decide?

Respondents directed to restore the property exempted by the Forest Tribunal to the legal heirs within one month from receipt of the certified judgment.

P.K.Ramachandran Vs State of Kerala — Property and Title | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932

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WP(C).No. 17648 of 2009(A)

PETITIONER(S):

P.K.RAMACHANDRAN, S/O.LATE KOMBI, PLACHIKKAD HOUSE, MANNUR AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT.

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P.K.VISWANATHAN, S/O.LATE KOMBI, PLACHIKKAD HOUSE, MANNUR AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.TOM JOSE (PADINJAREKARA)

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM.

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CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKOD, PALAKKAD DISTRICT.

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THE DIVISIONAL FOREST OFFICER, PALAKKAD FORESTS DIVISION, OFFICE AT RAILWAY COLONY, PALAKKAD.

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THE RANGE OFFICER, PALAKKAD FOREST RANGE, FOREST COMPLEX, PALAKKAD.

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GOVT. PLEADER SHRI.BENNY VARGHESE FOR R1-4

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN, J.

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==================

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W.P.(C).No. 17648 of 2009

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==================

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Dated this the 16^th day of July, 2010 J U D G M E N T

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The petitioners are legal heirs of late Kombi, who filed O.A.No.1043/1974 before the Forest Tribunal, Palakkad, under the Kerala Private Forest (Vesting and Assignment) Act, 1971, challenging the notification issued by the Custodian of Forests directing that certain properties belonging to Kombi are vested in the Government as private forest. That O.A. was originally allowed on 4.2.1978. When a review petition was filed under Section 8B of the Act by the Custodian of Forests, the Tribunal modified its order reducing the claim of late Kombi to three acres of land. The petitioners' grievance in this writ petition is that the property exempted as per the order of the Tribunal is not being restored to the petitioner even though more than 20 years have already elapsed. The petitioners, therefore, seek the following reliefs:

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“(a) To issue writ Mandamus or such other appropriate Writ, Order or Direction, directing the 2^nd respondent to restore the property mentioned in Ext.P2 Review Order to the petitioners.

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(b) To issue a writ of Mandamus or such other appropriate Writ, Order or Direction, directing respondents 2-4 to dispose of Ext.P3 representation expeditiously, within a time limit.”

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A counter affidavit has been filed, in which the objection

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raised is regarding non-furnishing of legal heirship certificate. The

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w.p.c.17648/09 2

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learned Government Pleader today submits that a legal heirship certificate has been produced and the property can be restored within one month.

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Accordingly, this writ petition is disposed of with a direction to the respondents to see that the property exempted by the Forest Tribunal in favour of late Kombi is restored to his legal heirs within one month from the date of receipt of a certified copy of this judgment.

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sdk+

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Sd/S.SIRI JAGAN, JUDGE

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///True copy///

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P.A. to Judge

P.K.Ramachandran v. State of Kerala

Case brief

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P.K.Ramachandran v. State of Kerala

Case brief

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