Allowed

S. Raveendranath Pai v. State of Kerala

Kerala HC7 Dec 2022WP(C)/14705/2022

Case brief

AI extract

What is this about?

This writ petition sought restoration of possession of land to the petitioners based on a prior Division Bench judgment. The court challenged the State's proposal to file a S.L.P. as a ground for delay. The court disposed of the petition, directing the Custodian of Ecologically Fragile Lands to restore possession within three months.

What did the court decide?

Directed the 2nd respondent (Custodian) to restore possession of the property (subject matter of Exts.P6 and P7) to the petitioners within three months.

S. Raveendranath Pai Vs State of Kerala — Property and Title | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 7^TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944

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W.P.(C) NO.14705 OF 2022

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PETITIONERS:

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1 S. RAVEENDRANATH PAI, AGED 82 YEARS, S/O. LATE R.SREENIVASA PAI, RESIDING AT SREENIVAS,

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PALLIKUNU ROAD, THALASSERY, KANNUR DISTRICT, PIN-670 101.

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2 R. NARENDRANATH PAI, AGED 57 YEARS, S/O. RAVEENDRANATH PAI, RESIDING AT SREENIVAS, PALLIKKUNNU ROAD, THALASSERY, KANNUR DISTRICT, PIN-670 101.

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3 R. VASANTH PAI, AGED 56 YEARS, S/O. RAVEENDRANATH PAI, RESIDING AT SREENIVAS, PALLIKKUNNU ROAD, THALASSERY, KANNUR DISTRICT, PIN-670 101.

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BY ADVS. BABU JOSEPH KURUVATHAZHA K.S. ARCHANA MOHAMMED SHAFI K.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST & WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS (THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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-2-

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W.P.(C) NO.14705 OF 2022

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3 DIVISIONAL FOREST OFFICER, NORTH WAYANAD DISTRICT, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645.

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4 FOREST RANGE OFFICER, PERIYA FOREST RANGE, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645.

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SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER(FORESTS)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.14705 OF 2022

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JUDGMENT

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Dated this the 7^th day of December, 2022

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By Ext.P7 judgment, the Division Bench of this Court

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allowed the appeal filed against the order passed by the Forest Tribunal and set aside Ext.B2 notification, in so far

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as it relates to the land belonging to the appellants comprised in Re-survey No.8/1A1A2 of Periya Village of Mananthavady Taluk in Wayanad District. The respondents

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having failed to restore the land even after Ext.P7 judgment, this writ petition is filed seeking the following reliefs;

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i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent to restore the possession of the property, the subject matter of Exts.P6 and P7 judgments, to the petitioners, forthwith.

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ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2^nd respondent to consider and dispose of Ext.P8 representation, forthwith;

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iii. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.

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-4-

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W.P.(C) NO.14705 OF 2022

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The only contention urged by the respondents is that the State is proposing to file S.L.P. against Ext.P7 judgment.

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In so far as Ext.P7 judgment was rendered on 08.04.2022 and no proof regarding filing of S.L.P. is produced, I am of the opinion that the State cannot further delay restoration of the land to the petitioners' possession.

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The writ petition is hence disposed of directing the 2^nd respondent to restore the possession of the property, which is the subject matter of Exts.P6 and P7 judgments, to the petitioners' within three months of receipt of a copy of this judgment.

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Sd/- V.G. ARUN JUDGE

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bpr

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W.P.(C) NO.14705 OF 2022

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APPENDIX OF WP(C) 14705/2022

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PETITIONERS' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PATTA NO.1602/1977 DATED 25.07.1977 ISSUED BY THE LAND TRIBUNAL, MANANTHAVADY.

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EXHIBIT P2 TRUE COPY OF THE DOCUMENT DATED 06.11.1990 OF SRO, MANANTHAVADY, ASSIGNING 10 ACRES OF PROPERTY OWNED BY THE 1ST PETITIONER,IN FAVOUR OF THE 2ND PETITIONER.

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EXHIBIT P3 TRUE PHOTOCOPY OF THE TAX RECEIPT BEARING NO.8341151 OF BOOK NO.83412 DATED 26.09.2007, ISSUED BY THE VILLAGE OFFICER, PERIYA VILLAGE, IN FAVOUR OF THE 1ST PETITIONER.

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EXHIBIT P4 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 26.09.2017 BEARING NO.8341152 OF BOOK NO.83412 ISSUED BY THE VILLAGE OFFICER PERIYA VILLAGE, IN FAVOUR OF THE 2ND PETITIONER.

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EXHIBIT P5 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO.8351153 OF BOOK NO.83412 DATED 26.09.2007, ISSUED BY THE VILLAGE OFFICER, PERIYA VILLAGE IN FAVOUR OFTHE 3RD PETITIONER.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 31.12.2010 IN OA NO.2/2008 OF THE LEARNED TRIBUNAL FOR ECOLOGICALLY FRAGILE LANDS CASES, KOZHIKODE.

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 08.04.2022 IN MFA(EFL ACT) NO.34/2011.

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EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 11.04.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

S. Raveendranath Pai v. State of Kerala

Case brief

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S. Raveendranath Pai v. State of Kerala

Case brief

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