Dismissed

Looka @ Joy v. State of Kerala

Kerala HC2 Dec 2021WP(C)/13901/2021

Case brief

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What is this about?

The High Court of Kerala disposed of a writ petition by directing the respondents, the Chief Conservator of Forests and the Divisional Forest Officer, to take expeditious steps to restore the petitioner's property within six months due to repeated floods and the pandemic.

What did the court decide?

The respondents are directed to take expeditious steps to restore the property to the petitioner within a period of six months.

Looka @ Joy Vs State of Kerala — Property and Title | Kerala HC (2021)

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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 N.NAGARESH

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021/11TH AGRAHAYANA, 1943 WP(C) NO. 13901 OF 2021

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PETITIONER:

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LOOKA @ JOY, S/O. KURIYAN, AGED 76 YEARS, KUNNEL HOUSE, 5/73, KERALASSERRY P.O., PALAKKAD, PIN-678 641.

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BY ADV M.C.JOHN

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RESPONDENTS:

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1 THE STATE OF KERALA

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REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE CHIEF CONSERVATOR OF FORESTS & CUSTODIAN OF VESTED FORESRTS, EASTERN CIRCLE, ARANAYABHAVAN COMPLEX, PALAKKAD, PIN-678 002.

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3 THE DIVISIONAL FOREST OFFICER, PALAKKAD DIVISION, KALLEKULANGARA P.O., PALAKAKD, PIN-678 009.

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BY GOVERNMENT PLEADER SRI.SANGEETH C.U.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.13901/2021

JUDGMENT

Dated this the 2^nd day of December, 2021

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The petitioner who is owner in possession of 0.73.000 Hectares of property comprised in R.Sy.No.135/5 of Keralassery Village of Palakkad District, has filed this writ petition seeking to direct the respondents to take immediate steps to restore the properties covered by Ext.P1 in accordance with Ext.P4 Order of the Forest Tribunal, forthwith.

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The petitioner submits that the property in question was subject matter of O.A.No.611/74 of the Forest Tribunal, Palakkad. The O.A. was allowed by the Forest Tribunal as early as on 05.05.1977. The property was restored to the applicant. Later the property was partitioned in the year 1980. The property covered by Ext.P1 Sale Deed was purchased by the petitioner in the year 1984,

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WP(C)No.13901/2021

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since when the petitioner is in possession.

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The respondents filed I.A. No.235/87 seeking to review the order dated 05.05.1977 of the Forest Tribunal. The said review petition was dismissed on 19.05.1988. When the respondents attempted to erect cairns encroaching petitioner's properties, a writ petition was filed before this Court. By Ext.P5 judgment, this Court directed the respondents to survey the properties and restore the land within the time fixed. The restoration process is in progress. In the meanwhile, the respondents have started to erect cairns encroaching petitioner's property. The petitioner would submit that going by the Scheme of the Kerala Private Forests (Vesting and Assignment) Act, it is the statutory duty of the respondents to restore the land since Ext.P4 has become final. In the circumstances, the petitioner seeks to direct the respondents to restore the property immediately.

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The learned Government Pleader (Forests) representing the respondents submitted that Ext.P4 judgment of the Forest Tribunal has become final and the respondents are taking steps to survey the land and demarcate the property of the petitioner before handing over the same to the petitioner. In view of the repeated floods and pandemic situation, the work could not be carried out. The learned Government Pleader submits that the respondents should be able to restore the property to the petitioner within a period of six months.

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In the circumstances, the writ petition is disposed of directing the respondents 2 and 3 to take expeditious steps to restore the property to the petitioner within a period of six months.

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Sd/- N. NAGARESH JUDGE

ncd/02.12.2021

APPENDIX OF WP(C) 13901/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE DEED DATED 14.3.1984. Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 7.5.2021 ISSUED BY VILLAGE OFFICER. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.5.2021 ISSUED BY THE VILLAGE OFFICER. Exhibit P4 TRUE COPY OF THE COMMON ORDER DATED 19.5.1988 IN I.A.NO.235/87 IN O.A.NO.611/1974 AND CONNECTED CASES OF THE FOREST TRIBUNAL, PALAKKAD. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 25.3.2021 IN WPC NO.154/2021 OF THIS HON'BLE COURT. Exhibit P6 TRUE COPY OF THE COMMON JUDGMENT DATED 05.05.1977 IN O.A.NO.611/1974 AND CONNECTED CASES OF THE FOREST TRIBUNAL, PALAKKAD.

Looka @ Joy v. State of Kerala

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Looka @ Joy v. State of Kerala

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