Petitioner challenged a 2015 order vesting land in Kerala Forest Act, 2003 as he delayed using alternative remedies. Court dismissed writ, enabling future filing.
dismissal of writ petition with liberty to approach appropriate forum.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.2735 OF 2021(N)
PETITIONER:
CHOVATTUKUNNEL THOMAS AGED 60 YEARS S/O.DEVASSIA, CHOVATTUKUNNEL HOUSE, CHALIMANNILTHAZHAM, MOOZHIKKAL, CHELAVUR POST, KOZHIKODE - 673 571.
BY ADVS.
SRI.V.T.MADHAVANUNNI SRI.M.VIVEK RABINDRANATH
RESPONDENTS:
1 THE DIVISIONAL FOREST OFFICER KOZHIKODE FOREST DIVISION, CIVIL STATION, KOZHIKODE DISTRICT - 673 020.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS EFL, DEPARTMENT OF FOREST, HEAD OFFICE, VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 034.
3 STATE OF KERALA REPRESENTED BY SECRETARY TO DEPARTMENT OF FOREST, THIRUVANANTHAPURAM - 695 034.
OTHER PRESENT:
SPL.G.P. FOR FOREST SRI.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of February 2021
The petitioner challenges Ext.P7 order issued as early as on 23.2.2015 by which it was informed that the property in Sy.No.912 of Chakkittapara Village, Quilandy Taluk was brought under Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. In Ext.P7 itself the Divisional Forest Officer has informed that the affected parties are free to approach the custodian or the EFL Tribunal. The petitioner has approached this court after a period of about 6 years without resorting to the remedies which were stated to be available in Ext.P7 itself.
Therefore, this writ petition is dismissed with liberty to the petitioner to approach the appropriate forum.
Sd/-
P.V.ASHA
JUDGE
ska
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEED NO.2604 OF 1979 OF S.R.O.NADUVANNUR IN FAVOUR OF THE PETITIONER DATED 16/11/1979. EXHIBIT P2 TRUE COPY OF THE PURCHASE CERTIFICATE 19/08/1986. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER IN 1989. EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 27/06/1990. EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER DATED 12/11/1985. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER DATED 28/06/1986. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 17/03/2015 WITH ATTACHED NOTICE.
CHOVATTUKUNNEL THOMAS
THE DIVISIONAL FOREST OFFICER KOZHIKODE
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS EFL
STATE OF KERALA REPRESENTED BY SECRETARY TO DEPARTMENT OF FOREST
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
