Disposed

Bovas K Lassar v. the State of Kerala

Kerala HC20 Sept 2014WP(C)/7078/2011

Case brief

AI extract

What is this about?

The Court held that claims regarding legal possession of land in the proposed Kurinjimala Sanctuary must be decided by the Sub Collector within four months, clarifying that illegal possession requires removal but immediate survey is not mandated while restraining tree cutting.

What did the court decide?

The petitioners' claims are to be decided by the Sub Collector within four months; petitioners are restrained from cutting trees in claimed properties.

Bovas K Lassar Vs the State of Kerala — Land Acquisition | Kerala HC (2014)

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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 A.MUHAMED MUSTAQUE

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SATURDAY, THE 20TH DAY OF SEPTEMBER 2014/29TH BHADRA, 1936

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WP(C).No. 7078 of 2011 (H)

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PETITIONER(S):

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1. BOVAS K LASSAR, KEEPPANASSERIL HOUSE, THAIKALATHOOR KARA, PAYIPRA, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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2. MOHANAN, KAROTTUVADAKKETHIL HOUSE, CHATTUPARA, MANNAMKANDAM, DEVIKULAM, IDUKKI DISTRICT.

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BY ADVS.SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001.

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2. THE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. PIN-695 001

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3. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. PIN-695 001

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4. DISTRICT COLLECTOR, IDUKKI. PIN-695 601

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5. TAHSILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI. PIN-695 603

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6. VATTAVADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,

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VATTAVADA, IDUKKI. PIN-695 613

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R1 TO R5 SPL.GOVERNMENT PLEADER SMT. SUSHEELA. R. BHAT

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R6 BY ADV. SRI.N.K.SHYJU SRI.S.MANUKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-09-2014, ALONG WITH WPC.NO. 9519/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.7078/2011

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VATTAVADA DATED 16/09/1996.

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P2 COPY OF THE PATTA GRANTED TO 9 ACRES OF LAND ISSUED IN THE YEAR 1979 TO THE PREDECESSORS OF THE PETITIONERS.

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P3 COPY OF THE NOTIFICATION DATED 22/2/2007

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P4 COPY OF THE ORDER DATED 20/11/2008 OF THE 1ST RESPONDENT

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P5 COPY OF THE NOTICE ISSUED DATED 24/11/2008 BY THE 5TH RESPONDENT

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P6 COPY OF THE RESOLUTION PASSED BY THE 6TH RESPONDENT

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P7 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 01/02/2011.

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

A.MUHAMED MUSTAQUE, J.

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= = = = = = = = = = = = = = = WP(C).Nos.7078, 9519, 10811, 10827 & 11238 of 2011. = = = = = = = = = = = = = = =

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Dated this the 20^th day of September, 2014.

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J U D G M E N T

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The Government of Kerala by GO(Ms).No.74/F&WLD dated 12.12.2007 had issued a notification to declare and to constitute 3200 Hectare (approximate) of land comprised in survey No.58/1 of Kottakkamboor and Vattavada Villages in Devikulam Taluk, Idukki district excluding the patta lands to be known as 'Kurinjimala Sanctuary'.

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The petitioners in these writ petitions are claiming to be in legal possession of the properties in the proposed sanctuary known as Kurinjimala Sanctuary. According to the petitioners, Government has exempted patta land from sanctuary. It is also indicated in the above notification that patta lands will be excluded from the proposed sanctuary and authorised the Sub Collector, Devikulam as the Collector to enquire into existence, nature and extent of rights of any person in or over the land

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WP(C).Nos.7078, 9519, 10811, 10827 & 11238/11.

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comprised within the limits of the above said sanctuary.

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It appears that a portion of the land coming under the notified area is proposed to be assigned to landless people. The Tahsildar, Taluk Office, Devikulam had invited application for distribution of land to the landless people. The petitioners approached the Tahsildar to conduct proper survey of land before distribution of the property to the landless people. Petitioners apprehend that without conducting such survey respondents who are attempting to distribute the land which may erroneously include the petitioners property, have approached this Court.

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A counter-affidavit has been filed by the fifth respondent in WP(C).No.9519/2011. In the counter-affidavit filed therein the Tahsildar has disputed the documentary evidence produced by the petitioners. However it is further stated that the petitioners are free to file their claim before

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the Settlement Officer (Kurinjimala Sanctuary at Devikulam) to substantiate their claim.

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WP(C).Nos.7078, 9519, 10811, 10827 & 11238/11.

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The learned counsel for the petitioners

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Sri.Thampan Thomas also produced a copy of the order passed by the Government of Kerala dated 3.5.2014 wherein it is stated that the Government has constituted a Special Survey Team to mark the private holdings in the Kurinjimala Sanctuary with clear boundaries and the Director, Survey and Land Records was asked to provide the assistance to the Special Survey Team.

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The authority who has to determine the claim of the petitioners is the Sub Collector, Devikulam. Therefore, I am of the view that the petitioners' claim shall be decided by the Sub Collector, if necessary after obtaining necessary assistance of Special Survey Team constituted by the Government as per order dated 3.5.2014. This shall be done within a period of four months from the date of receipt of a copy of this judgment. If the petitioners are holding the property based on their legal possession necessarily the claim of the petitioners have to be upheld and the

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WP(C).Nos.7078, 9519, 10811, 10827 & 11238/11.

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properties shall be excluded from the proposed Kurinjimala Sanctuary. However, if the petitioners are found to be in illegal possession of the property, necessary action shall be taken to remove the illegal possession. The respondents have a case that the petitioners are not in possession of the properties. I am not entering into this disputed question of fact. However, the petitioners shall not cut and remove any trees standing in their respective properties claimed as in their possession.

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Writ petitions are disposed of as above.

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Sd/A.MUHAMED MUSTAQUE, (Judge)

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Kvs/-

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// true copy //

Bovas K Lassar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Bovas K Lassar v. the State of Kerala

Case brief

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