Three writ petitions challenging the denial of property restoration despite a Tribunal order and subsequent denotification under the Kerala Forest Act. The Court directed the State and forest officials to restore the properties within three months.
Direction to restore the properties to petitioners within three 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.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941
WP(C).No.18905 OF 2019(K)
PETITIONER:
SALEEM.N AGED 30 YEARS S/O ALAVI,NAMBIYATHU HOUSE, POMBRA.P.O,KARAKURISHI VIA, PALAKKAD DISTRICT,PIN-678595.
BY ADVS.
SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695 001.
W.P.(C)Nos.18905, 18944 and 19002 of 2019
2
4 DIVISIONAL FOREST OFFICER, PALAKKAD,PIN-678002.
SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18944/2019(P), WP(C).19002/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.18905, 18944 and 19002 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941
WP(C).No.18944 OF 2019(P)
PETITIONER:
KUNHIYAN,
AGED 60 YEARS
S/O. MOIDU, NAMBIYATHU HOUSE, ILAMPULASSERRY AMSOM, POMBRA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-678595.
BY ADVS.
SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN
RESPONDENTS:
W.P.(C)Nos.18905, 18944 and 19002 of 2019
4
4 DIVISIONAL FOREST OFFICER, PALAKKAD-678002.
SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18905/2019(K), WP(C).19002/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.18905, 18944 and 19002 of 2019
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941
WP(C).No.19002 OF 2019(A)
PETITIONER:
N.MUHAMMED @ KUNJIPPA, AGED 80 YEARS S/O.KUNHAIMU, NAMBIYATHU HOUSE, POMBRA P.O., KARAKURISHI VIA, PALAKKAD DISTRICT,
PIN- 678595.
BY ADVS.
SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN
RESPONDENTS:
W.P.(C)Nos.18905, 18944 and 19002 of 2019
6
4 DIVISIONAL FOREST OFFICER, PALAKKAD, PIN- 678002.
SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18905/2019(K), WP(C).18944/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
W.P.(C)Nos.18905, 18944 and 19002 of 2019
J U D G M E N T
In terms of Ext.P1 order of the Forest Tribunal,
Palakkad, which is common in all the writ petitions, the petitioners are entitled to restoration of the properties referred to therein. It is seen that the properties were, however, not restored since they were notified as ecologically fragile lands, in terms of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (the Act). It is also seen that the petitioners have moved applications thereupon under Section 19(3)(b) of the Act and the same were allowed and the properties were denotified. The grievance of the petitioners is that despite all these, the properties are not restored in terms of Ext.P1 order. The petitioners, therefore, seek appropriate directions in this regard in the writ petitions.
2 . The learned Special Government Pleader submits, on instructions, that the process to restore the properties to the petitioners have already been initiated and the same will be completed soon.
W.P.(C)Nos.18905, 18944 and 19002 of 2019
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3. Having regard to the fact that Ext.P1 is an order
passed as early as in the year 1978, I deem it appropriate to
direct the respondents concerned to restore the properties to
the petitioners within three months from today. Ordered accordingly.
The writ petitions are disposed of as above.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
W.P.(C)Nos.18905, 18944 and 19002 of 2019
9
APPENDIX OF WP(C) 18905/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 24.04.1978 IN O.A.NO.259/1975, O.A.NO.278/1975, O.A.NO.352/1975.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07.03.2011 BEARING NO.EFL.6-356/2006
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.05.2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
W.P.(C)Nos.18905, 18944 and 19002 of 2019
10
APPENDIX OF WP(C) 18944/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 24/04/1978 IN OS NO.259/1975, O.A. NO.278/1975 AND OA NO.352/1975.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07/03/2011 BEARING NO.EFL. 6-356/2006.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21/05/2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
W.P.(C)Nos.18905, 18944 and 19002 of 2019
11
APPENDIX OF WP(C) 19002/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 8TRUE COPY OF THE COMMON ORDER DATED 24.04.1978 IN O.A.NO.259/1975, O.A.NO.278/1975 AND O.A.NO.352/1975.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07.03.2011 BEARING NO.EFL.6-356/2006.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.05.2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether to direct the respondents to restore the properties to the petitioners within three months as they were denotified but not restored.
1 provisions across 1 enactments
SALEEM.N
KUNHIYAN
N.MUHAMMED
STATE OF KERALA
CUSTODIAN OF VESTED FOREST
CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
