Disposed

Karthyayani Panickathiar v. Conservator of Forest & Custodian of

Kerala HC11 Oct 2011WP(C)/11971/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging the non-restoration of land subject to a final Forest Tribunal order. The court directed the respondents to complete the ongoing survey and restore the land to the rightful claimant within three weeks.

What did the court decide?

Direction to complete the survey process and restore the land involved in O.A. 158/1975 to the rightful claimant within three weeks.

Karthyayani Panickathiar Vs Conservator of Forest… — Land Acquisition | Kerala HC (2011)

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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 ANTONY DOMINIC

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TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933

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WP(C).No. 11971 of 2011(V)

PETITIONER :

KARTHYAYANI PANICKATHIAR, 67 YEARS, W/O.LATE SRI.BALAKRISHNA PANICKER, KALARICKAL HOUSE, KADAMBUR, OTTAPALAM TALUK, PALAKKAD DISTRICT.

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BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI

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RESPONDENT(S):

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CONSERVATOR OF FORESTS & CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKODE - 678 002.

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DIVISIONAL FOREST OFFICER, PALAKKAD, KALLEKULANGARA POST PIN : 678 009.

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ASSISTANT DIRECTOR OF SURVEY, FOREST MINI SURVEY, MANGOD, KOZHIKODE PIN: 673 574.

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TAHSILDAR, OTTAPALAM, TALUK OFFICE, OTTAPALAM - 679 101.

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VILLAGE OFFICER, AMBALAPPARA II VILLAGE, AMBALAPPARA, OTTAPALAM - 679 101.

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R1 TO R5 BY GOVT. PLEADER SRI.T.R.RAVI.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11971 of 2011(V)

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APPENDIX

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PETITIONERS EXHIBITS :-

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EXT.P1 : PHOTOCOPY OF BASIC TAX RECEIPT DATED 30-09-2009 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

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EXT.P2 : PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 28-11-2009 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

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EXT.P3 : PHOTOCOPY OF THE ORDER IN O.A 158/1975 DATED 30-10-1976 OF THE FOREST TRIBUNAL, PALAKKAD.

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EXT.P4 : PHOTOCOPY OF THE REPRESENTATION DATED 21-03-1995 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P5 : PHOTOCOPY OF BASIC TAX RECEIPT DATED 21-03-2011 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

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RESPONDENTS EXHIBITS : NIL.

//TRUE COPY//

P.A TO JUDGE

amk.

ANTONY DOMINIC, J.

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W.P.(C) No. 11971 OF 2011

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Dated this the 11^th day of October, 2011

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J U D G M E N T

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Essence of the complaint of the petitioner is that he is the transferee of the land which is the subject matter of O.A.158/1975, before the Forest Tribunal, Palakkad which was disposed of by Ext.P3 order dated 30^th October, 1976 and that the land has not been restored so far.

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On the other hand the learned Government

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Pleader submits that the petitioner is a subsequent transferee and that the land can be restored only to the owner of the land and that survey proceedings for restoration has already commenced.

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Irrespective of whether the petitioner is the applicant or the transferee, facts remains that Ext.P3 order of the Forest Tribunal has attained finality and therefore the land involved in the said O.A necessarily has to be restored to the rightful claimant. This fact is also not in

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W.P.(C) No. 11971 OF 2011

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:2 :

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dispute in the statement filed and on the other hand what is stated is that the survey process is going on.

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In the light of the above, the writ petition is disposed of directing that the survey process which has already commenced should be completed and the land involved in O.A.158/1975, shall be restored to its rightful claimant as expeditiously as possible at any rate within three weeks from the date of receipt of a copy of this judgment.

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ANTONY DOMINIC, JUDGE

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ul/-

Karthyayani Panickathiar v. Conservator of Forest & Custodian of

Case brief

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Karthyayani Panickathiar v. Conservator of Forest & Custodian of

Case brief

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