Petitioners sought benefits under Special Rules 1993 to assign forest land in their possession. The Court dismissed the petition, holding that the petitioners approached without clean hands by suppressing earlier litigation where the land was found vested in the Government.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
WP(C).No. 36791 of 2008 (E)
PETITIONER(S) :
1. PANKAJAKSHI AMMA, W/O.DAMODARAN, PUSHPAMANGALATH HOUSE, PANNIAYAMPADAM,, MUTTIKULANGALA POST, PALAKKAD DISTRICT.
2. SASIDHARAN, S/O.DAMODARAN, PUSHPAMANGALATH HOUSE, PANNIAYAMPADAM, MUTTIKULANGALA POST, PALAKKAD DISTRICT.
3. JALADHARAN, S/O.DAMODARAN, PUSHPAMANGALATH HOUSE, PANNIAYAMPADAM, MUTTIKULANGALA POST, PALAKKAD DISTRICT.
BY ADVS. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN
RESPONDENT(S) :
1. STATE OF KERALA REP.BY THE CHIEF SECRETARY, REVENUE(P)DEPARTMENT,, THIRUVANANTHAPURAM.
2. THE CUSTODIAN OF PRIVATE FOREST & CONSERVATOR OF FORESTS AND WILD LIFE, OLAVAKODE, PALAKKAD.
3. THE DIVISIONAL FOREST OFFICER, OLAVAKKODE, PALAKKAD.
4. THE DISTRICT COLLECTOR, PALAKKAD.
5. THE TAHASILDAR, PALAKKAD TALUK.
6. THE VILLAGE OFFICER, PUDUPARIYARAM-I VILLAGE, PALAKKAD.
BY SPL. GOVERNMENT PLEADER SRI. SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 36791 of 2008 (E)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1&P2: TRUE COPY OF THE ORDER LAND TRIBUNAL, PALAKKAD ASSIGNING THE LAND THE CERTIFICATE OF PURCHASE IN O.A.NO. 1064/1971 OF THE LAND TRIBUNAL.
EXHIBIT P3: TRUE COPY OF THE TITLE DEED IN FAVOUR OF THE PETITIONER AND HER CHILDREN, DOCUMENT NO. 6028/1980 SRO PALAKKAD.
EXHIBIT P4, P4(A), P4(B)&P4(C): TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PUDUPARIYARAM IN FAVOUR OF THE PETITIONER.
EXHIBIT P5: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PUDUPARIYARAM BEARING NO. 135/96 DATED 19.06.1996.
EXHIBIT P6: TRUE COPY OF THE SPECIAL RUES 1993.
EXHIBIT P7: TRUE COPY OF THE CLARIFICATION ORDER ISSUED BY THE GOVERNMENT.
EXHIBIT P8&8(A): TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER AND HER CHILDREN TO THE MINISTER FOR REVENUE ON 05.02.2008 AND THE A/D.
EXHIBIT P9&9(A): TRUE COPY OF THE REPRESENTATION TO THE MINISTER OF FOREST, GOVT. OF KERALA DATED 05.02.2008 AND THE ACKNOWLEDGEMENT.
EXHIBIT P10: TRUE COPY OF LETTER DATED 17.11.2008.
EXHIBIT P13: TRUE COPY OF THE SURVEY PLAN ISSUED BY THE TAHASILDAR TO THE PETITIONER.
EXHIBIT P14: TRUE COPY OF THE JOINT APPLICATION FILED BY THE PETITIONERS.
RESPONDENT(S)' EXHIBITS & ANNEXURES:
ANNEXURE R3(A): TRUE COPY OF JUDGMENT DATED 03.10.1996 IN RP 350/95 IN MFA 325/89 OF THE HON'BLE HIGH COURT OF KERALA.
WP(C).No. 36791 of 2008 (E)
ANNEXURE R3(B): TRUE COPY OF THE JUDGMENT DATED 27.11.2003 IN A.S.NO. 206/1999 OF THE HON'BLE DISTRICT COURT, PALAKKAD.
//TRUE COPY//
P.S.TO JUDGE.
Msd.
P.V.ASHA, J.
W.P(C) No.36791 of 2008-E
Dated this the 4th day of November, 2016
JUDGMENT
The petitioners are seeking the benefit of Ext.P6 Special Rules as well as Ext.P7 Government Order and to get forest land assigned in their names.
W.P(C) No.36791 of 2008-E 2
Ext.P6, to get forest land assigned to them claiming that their predecessors were in possession of the forest land prior to 1977 and in the light of the Government order Ext.P7, they are entitled to grant of patta in respect of the said land.
W.P(C) No.36791 of 2008-E 3
records/pattayam for want of evidence. The petitioners submit that they submitted Exts.P8 and P9 applications to the Minister for Revenue and Minister for Forest on 5.2.2008 requesting for directions to issue possession certificates pointing out that 7 acres and 22 cents of land in survey no.192/E1 was in the possession of their predecessors in interest from 1972 onwards and they were not being permitted now to take the crops from their land by the forest officials. The petitioners submit that joint survey by Revenue Department and Forest Department was conducted thereafter. They have produced Ext.P10 letter dated 17.11.2008 which was addressed to the Forest Range Officer, Olavakkad refering to letter No.E-53/08 (11) dated 5.11.2008, relating to the joint verification. The petitioners submit that they had in the meanwhile got the property measured by the Taluk Surveyors who submitted Ext.P11 report on 12.9.1998. Though appeal was filed, the District Survey Superintendent, as per Ext.P12 letter dated 22.4.2000, informed the petitioners that the measurement
W.P(C) No.36791 of 2008-E 4
and survey done by the Taluk Surveyor was correct and as per Ext.P13 sketch, 1.2700 hectares of forest land had been in possession of the 1st petitioner apart from 1.83335 hectares of land surrendered to the forest and 1.0800 hectares of land given to the petitioners but lying as forest land. The petitioners submit that eventhough they submitted Ext.P14 representation on 10.08.2008 before the Tahsildar, Palakkad Taluk, to issue 2 pattas in respect of 7 acres and 22 cents of land in favour of the families of the petitioners-M/s.Pankajakshy Amma, Sasidharan and Jaladharan, no action was taken. This Writ Petition was filed at that stage saying that Ext.P14 application was not considered.
W.P(C) No.36791 of 2008-E 5
in 213.52 hectares in Nochuppully Malavaram was notified as vested forest as per notification No.D-1383/77 dated 29.7.1977 of the custodian of forest. Since the area exceeded 100 hectares it attracted the provisions of Malabar Preservation of Private Forest Act. When the O.A filed by Sankaranarayanan was dismissed, he filed M.F.A.No.325/1989 and this Court dismissed it seeing that the land in question was vested under Section 3(1) of the Kerala Private Forests(Vesting and Assignment) Act, 1971. Thereafter, the petitioners herein, who purchased the property from Sri Sankaranarayanan, filed R.P in M.F.A No.325 of 1989 and by Ext.R3(a) judgment dated 3.10.1996, it was dismissed. Subsequently the petitioners filed O.S.No.371/1995 before the Munsiff Court, Palakkad, which was dismissed on 21.10.1999 and the appeal filed against that was also dismissed by Annexure-R3(b) judgment dated 27.11.2003. The respondents have stated that the property which the petitioners claim is already notified as vested forest as per the provisions contained in the Kerala Private
W.P(C) No.36791 of 2008-E 6
Forests(Vesting and Assignment) Act, 1971, which was notified by the custodian as per notification dated 29.7.1977. By virtue of the provisions contained in Section 3 read with sub sections 2 and 3, all the private forests in the State stand transferred and vested in the Government and the right, title and interest of any other persons in the private forest got extinguished. Therefore, the petitioners or their predecessors do not have any right or claim over the said property. Regarding Ext.P6 Rules, it is stated that the total extent of Nochuppully Malavaram was 100 hectares and therefore it attracted erstwhile MPPF Act and the said forest was not brought under any sort of cultivation on the date of vesting or prior to it. Moreover it was also pointed out that in the judgment Annexure-2 in R.P.No.350/95, this Court had found that there was no evidence regarding the verumpattam, lease, etc. and the Advocate Commissioner had reported that the disputed property was having vested forest and scrubs on all the 4 sides and therefore, the petitioners cannot have any right
W.P(C) No.36791 of 2008-E 7
over the land. It was also pointed out that the purchase of the land in the year 1980 after the forest land got vested by virtue of the notification issued in 1977 itself was invalid. It was also stated that the land was vested forest which is not meant for assignment and the petitioners cannot claim assignment of the land which is already vested as forest.
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W.P(C) No.36791 of 2008-E
Ext.R3(a) judgment in R.P.No.350/95 in MFA.325/89, does not deserve any consideration by this Court under Article 226 of the Constitution of India.
W.P(C) No.36791 of 2008-E 9
period specified therein. Clause 2 provides that application for assignment shall be made in Form No.2 before the Tahsildar, within 7 days of publication of the list. Apparently there is no such notification.
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W.P(C) No.36791 of 2008-E
Court. In these circumstances, the petitioners who have not approached this Court with clean hands, are not liable to be granted any relief, on that ground also.
Under the above circumstances, the petitioners do not deserve any relief from this Court as I do not find any reason for issuing any directions as claimed by the petitioners. The Writ Petition is accordingly dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether petitioners entitled to assignment of forest land under Special Rules 1993 despite prior vesting and litigation.
Whether petitioners approach with clean hands given suppression of material litigation facts.
PANKAJAKSHI AMMA, W/O.DAMODARAN
SASIDHARAN, S/O.DAMODARAN
JALADHARAN, S/O.DAMODARAN
STATE OF KERALA
THE CUSTODIAN OF PRIVATE FOREST & CONSERVATOR OF FORESTS AND WILD LIFE
THE DIVISIONAL FOREST OFFICER, OLAVAKKODE
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
