The Court disposed of the writ petition by directing respondents to complete all procedural formalities and restore properties awarded to the petitioner via final Forest Tribunal orders within six months.
Respondents directed to effect restoration of properties covered by O.A.Nos.349/75 and 350/75 within six 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 P.R.RAMACHANDRA MENON
MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936
WP(C).No. 33307 of 2014 (K)
PETITIONER :
RAJAPPAN, S/O.KRISHNAN, ANKARA HOUSE, NECHUR P.O., ALATHUR VILLAGE, PALAKKAD-678 544.
BY ADV. SRI.P.BABU KUMAR
RESPONDENT(S):
1. STATE OF KERALA, REP. BY GOVERNMENT SECRETARY OF FOREST,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD-678 508.
3. CHIEF FOREST CONSERVATOR,
4. THE FOREST RANGE OFFFICE, ALATHUR-478 542
R1 TO R4 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 33307 of 2014 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXIBIT P1: | TRUE PHOTOCOPY OF THE ORDERS IN OA NOS.349/75 & 350/75 OF FOREST TRIBUNAL, PALAKKAD DATED 24.04.1979 |
|---|---|
| EXIBIT P2: | TRUE PHOTOCOPY OF THE SALE DEED NO.1300/90 OF KUZHALMANNAM SRO DATED 31.05.1990 |
| EXIBIT P3: | TRUE PHOTCOPY OF THE SALE DEED NO.255/91 OF KUZHALMANNAM SRO DATED 07.02.1991 |
| EXIBIT P4: | TRUE PHOTOCOPY OF THE SALE DEED NO.257/91 OF KUZHALMANNAM SRO DATED 07.02.1991 |
| EXIBIT P5: | TRUE PHOTOCOPY OF THE LETTER ISSUED BY 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 21.06.2010. |
| EXIBIT P6: | TRUE PHOTOCOPY OF THE REPORT SEND BY 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 04.08.2010. |
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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P.R. RAMACHANDRA MENON, J.
W.P.(C) No.33307 of 2014
Dated this the 5th day of January, 2015 JUDGMENT
The case of the petitioner is that the properties covered by O.A. Nos.349 and 350 of 1975 are exclusively belonging to the petitioner and his brothers. Inspite of the fact that an award was passed by the Forest Tribunal, Palakkad in favour of the petitioner, the property is still to be restored, despite the lapse of 3½ decades. The petitioner contends that, there is no mitigating circumstance and that the property is not covered by any notification under the 'Ecologically Fragile Land Act'. Though the said fact has been certified by the 4th respondent by submitting a report, no positive action has been taken by the respondents. Hence the writ petition.
W.P.(C) No.33307 of 2014
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identified and restoration is made possible. It is stated that, earnest efforts are being pursued and seeks for six month's time to complete the same.
After hearing both the sides, the writ petition is disposed of, directing the respondents to take all necessary remedial measures to redress the grievance of the petitioner by effecting restoration of the property covered by O.A. Nos.349 and 350 of 1975. This shall be done at the earliest, at any rate, within 'six months' from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.
P.R. RAMACHANDRA MENON, JUDGE
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3 issues framed by the court
Whether the respondents are directed to restore property awarded to the petitioner by a final Tribunal order.
Whether procedural delays justify inaction despite a certified non-coverage under Ecologically Fragile Land Act.
Whether the writ petition is disposed of with a specific timeframe for restoration.
Rajappan
State of Kerala
Divisional Forest Officer, Nenmara
Chief Forest Conservator
Forest Range Office, Alathur
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
