Petitioners sought restoration of land notified as private forest. The Court directed the Government to approve proposals for restoration and issue the consequent notification within six months.
Direction to the Government to approve restoration proposals and issue notification within 6 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
WP(C).No. 10834 of 2012 (D)
--------------------------OA.655/1974 OF FOREST TRIBUNAL, KOZHIKODE.
PETITIONER(S):
1. NARAYANIKUTTY, D/O GOVINDANDKUTTY NAIR,
AGED 56 YEARS, 'KANAKALAYAM', CHUNDAYILKALAM, KERALASSERY P.O., PALAKKAD DISTRICT -678 641, REPRESENTED BY HER POWER OF ATTORNEY HOLDER C.K. SIVADASAN, AGED 54, S/O JANAKI AMMA, 'ROHINI', KONGAD P.O., PALLAKAD DISTRICT.
2. NARAYANAN KUTTY,
3. SANTHAKUMARI,
4. VASANTHAKUMARI,
5. SREEKUMAR,
WP(C).No. 10834 of 2012 (D)
6. DEVAKI AMMA,
7. M.N. RAJASWARI,
8. M.N. RADHAMANI,
9. M.N. SARASWATHI,
10. M.N. LEELAMANI,
D/O MADHAVAN NAIR, AGED 41, CHUNDAYILKALAM, KERALASSRY P.O., PALAKKAD-678 641. REPRESENTED BY HER POWER OF ATTORNEY HOLDER C.K. SIVADASAN, AGED 54, S/O JANAKI AMMA, 'ROHINI', KONGAD P.O., PALAKKAD DISTRICT.
BY ADV. SRI.K.C.ELDHO.
RESPONDENT(S):
1. THE CHIEF CONSERVATOR OF FORESTS, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2. THE CUSTODIAN,
WP(C).No. 10834 of 2012 (D)
3. THE CUSTODIAN OF NATIONAL FORESTS, CALICUT-673 020.
4. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FORESTS AND WILD LIFE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
BY GOVT. PLEADER MR.M.A. THOMASKUTTY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10834 of 2012 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT P1 | A TRUE COPY OF THE COMMON ORDER DATED 17.06.1977 IN O.A.655/1974, 656/1974, 657/1974 AND 658/1974 OF THE FOREST TRIBUNAL, KOZHIKODE. |
|---|---|
| EXT P2 | A TRUE COPY OF COMMON ORDER DATED 26.04.1997 IN I.A. NOS.151/1992 AND 152/1992 IN O.A.655/74 AND I.A. NOS.153/1992 AND 154/1992 IN O.A. 656/74 OF THE FOREST TRIBUNAL, KOZHIKODE. |
| EXT P3 | A TRUE COPY OF THE COMMUNICATION DATED 29.05.2002 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD. |
| EXT P4 | A TRUE COPY OF THE REPRESENTATION DATED 17.05.2003 SUBMITTED BY THE 6TH PETITIONER BEFORE THE DIVISIONAL FOREST OFFICER, PALAKKAD. |
| EXT P5(a) | A TRUE COPY OF THE REPRESENTATION DATED 22.05.2003 SUBMITTED BY M.P. JANAKI AMMA BEFORE THE DIVISIONAL FOREST OFFICER, PALAKKAD. |
| EXT P5(b) | A TRUE COPY OF THE REPRESENTATION DATED 22.05.2003 SUBMITTED BY C.K. RAJAGOPAL BEFORE THE DIVISIONAL FOREST OFFICER, PALAKKAD. |
| EXT P6 | A TRUE COPY OF THE COMMUNICATION DATED 08.02.2010 ISSUED BY THE CONSERVATOR OF FOREST, EASTERN CIRCLE, OLAVAKODE, PALAKKAD. |
| EXT P7 | A TRUE COPY OF THE REPRESENTATION DATED 25.11.2011 SUBMITTED BY THE PETITIONERS. |
| EXT P8 | A TRUE COPY OF THE COMMUNICATION DATED 02.12.2011 ISSUED BY THE 1ST RESPONDENT. |
| EXT P9 | A TRUE COPY OF THE COMMUNICATION DATED 17.12.2011 ISSUED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE (E), THIRUVANANTHAPURAM. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.10834 Of 2012
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DATED THIS THE 6th DAY OF JUNE, 2012
JUDGMENT
The petitioners, 10 in number, are aggrieved by the delay in restoration of property covered by Exhibit P1 order passed by the Forest Tribunal, Kozhikode. Petitioners 1 to 5 are legal heirs of late Govindankutty Nair and late Janaki Amma. Sri Govindankutty Nair was the owner of 1 Acre 73 cents of property in Keralassery Village in Palakkad District. Upon the death of Sri Govindankutty Nair and Smt.Janaki Amma, property devolved upon petitioners 1 to 5. The petitioners 6 to 10 are the wife and children and legal heirs late Madhavan Nair, who was the owner of 1 Acre 85 cents of property in the same Village. He also died intestate.
W.P.(C)No.10834/12 -2-
OAs. which was allowed by the Forest Tribunal as per Exhibit P2 order dated 26.4.1997. This is the background of the litigation, the petitioners have pleaded herein .
the matter, wherein they have sought restoration of the property.
W.P.(C)No.10834/12
-3-
forwarded to the Government for approval and for issuance of consequent notification in the matter, it is submitted.
a copy of the judgment, along with a copy of the Writ Petition.
The Writ Petition is disposed of as above.
Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)
dsn
2 issues framed by the court
Whether the State Government should direct approval of proposals for restoration of notified forest land to former owners.
Whether relief should be granted as the matter was at a final stage pending notification.
NARAYANIKUTTY and others
THE CHIEF CONSERVATOR OF FORESTS
STATE OF KERALA
T.R. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
