Disposed

Selvaraj a., v. the District Collector

Kerala HC15 Sept 2022WP(C)/4941/2022

Case brief

AI extract

What is this about?

The Court addressed a contempt petition regarding the disposal of lands for a reserve forest. It held that a Section 4 notification (proposed reserve) does not extinguish existing possessory rights. The petitioner was allowed to await a Section 6 proclamation to claim rights, and the erection of cairns was deemed not illegal as no adjudication had occurred.

What did the court decide?

The writ petition was disposed of permitting the petitioner to make his claim before the Forest Settlement Officer once a Section 6 proclamation is made. The Court also closed the Contempt of Court ca

Selvaraj a., Vs the District Collector — 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 N.NAGARESH

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THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

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WP(C) NO. 4941 OF 2022

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PETITIONER:

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SELVARAJ A., AGED 60 YEARS, S/O. ASHIRVATHAM, UPPER SOORYANELLI ESTATE, SOORYANELLI P.O., ANGANVADI, CHINNAKKANAL, IDUKKI DISTRICT-685616.

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BY ADVS. SRI.GEORGE ABRAHAM SRI.JOBY D JOSEPH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, PAINAV, IDUKKI DISTRICT-685601.

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2 FOREST SETTLEMENT OFFICER AND REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI-685613.

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3 THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, KANNAN DEVAN HILLS, DEVIKULAM, MUNNAR, IDUKKI-685613.

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4 FOREST RANGE OFFICER, FOREST RANGE OFFICE, DEVIKULAM-685613, IDUKKI DISTRICT.

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BY ADVS.

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SRI.T.P.SAJAN, SPL. GOVERNMENT PLEADER (FOREST)

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH Con.Case(C).607/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 2 :

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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 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944 CON.CASE(C) NO. 607 OF 2022

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AGAINST THE ORDER IN WP(C)No.4941/2022 DATED 28.02.2022

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OF HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN WP(C):

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SELVARAJ A,

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AGED 60 YEARS, S/O. ASHIRVATHAM, UPPER SOORYANELLI ESTATE, SORYANELLI P.O., ANGANVDI, CHINNAKKANAL, IDUKKI-685 616.

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BY ADV. SRI.GEORGE ABRAHAM

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RESPONDENTS/RESPONDENTS NO.2&3 NOT A PARTY IN WP(C):

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1 RAJU K.PHILIP, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM-685 613.

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2 ARUN MAHARAJ, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), FOREST RANGE OFFICER, FOREST RANGE OFFICE, DEVIKULAM, IDUKKI-685 613.

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3 SREEKUMAR P, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), FORESTER, FOREST OFFICE, CHINNAKKANAL-685 613.

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SRI.T.P.SAJAN, SPL.GOVERNMENT PLEADER (FOREST)

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH WP(C).4941/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.4941/2022 & COC No.607/2022

: 3 :

N. NAGARESH, J.

W.P.(C) No.4941 of 2022

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and Contempt Case (C) No.607 of 2022

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Dated this the 15^th day of September, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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W.P.(C) No.4941 of 2022 has been filed by the petitioner seeking to direct the 2^nd respondent to adjudicate

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the claim of the petitioner as per Ext.P9 and take a decision in accordance with the provisions contained in the Kerala Forest Act, 1961. This Court passed an interim order in the writ petition on 28.02.2022 directing the respondents not to dispossess the petitioner. It is alleging violation of the interim order of this Court, the petitioner has filed COC No.607/2022.

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The petitioner's father was in possession of 4.38 Acres of land abutting the plantation of the Harison

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W.P.(C) No.4941/2022 & COC No.607/2022 : 4 :

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Malayalam Limited. The petitioner's father was in possession of the land since the year 1965. A portion of the said land was obtained from Sri. Rayappan who was holding Ext.P1 certificate of registration with the Coffee Board. The Village Officer has issued Exts.P2 and P3 Possession Certificates. The petitioner has constructed a building on the land, which is evidenced by Ext.P4 Ownership Certificate issued by the Grama Panchayat. The petitioner states that the land was planted with Coffee, Cardamom, Banana and Pepper. The petitioner applied to the Deputy Tahsildar for issuance of Patta. The said application numbered as 279/10 is still pending.

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The Harison Malayalam Limited has filed OS No.282/2019 seeking permanent prohibitory injunction against the petitioner. The suit was decreed as per Ext.P5 compromise deed.

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While so, the Government issued a notification under Section 4 of the Forest Act, on 24.03.2021 proposing to constitute Suryanelli Reserve Forest. The petitioner filed

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 5 :

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Ext.P7 petition on 15.12.2021 requesting to exclude the petitioner's property from the Reserve Forest. The petitioner states that the 2^nd respondent-Forest Settlement Officer and RDO forwarded the application to the Tahsildar, which is not the proper procedure. Now, respondents 3 and 4 have started erecting cairns in the petitioner's property. The petitioner thereupon filed Ext.P9 petition under Section 6 of the Kerala Forest Act before the Settlement Officer. No action has been taken on Ext.P9 petition filed by the petitioner under Section 6 of the Kerala Forest Act, 1961. However, respondents 3 and 4 without any authority, are directing the petitioner not to enter into his property. The petitioner is therefore before this Court.

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The learned counsel for the petitioner submitted that the petitioner has been possessing 4 Acres 33 Cents of land in Survey No.20/2 in Chinnakkanal Village. The petitioner's father was holding the property from 1965 onwards. The Government has issued Ext.P8 notification under Section 4 of the Kerala Forest Act and appointed the

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 6 :

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2^nd respondent-RDO as the Forest Settlement Officer. The petitioner therefore filed Ext.P7 petition to the 2^nd respondent. Apart from forwarding the petition to the Tahsildar, the 2^nd respondent has not taken any decision on the petition. At the same time, respondents 2 and 4 are trying to fix cairns in the property of the petitioner. The petitioner has filed Ext.P7 petition invoking Section 6 also. No orders are passed on Ext.P7. The petitioner is entitled to get the property assigned in his name. Any forceful eviction of the petitioner in the meanwhile, is uncalled for, contended the counsel for the petitioner.

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The 3^rd respondent filed a statement opposing the writ petition. The 3^rd respondent stated that the petitioner is not in legitimate possession of 4.38 Acres of land. The possession certificate of the petitioner is not supported by land tax receipt. Building tax collected by the Grama Panchayat is not a valid proof for occupancy of the land, since the tax receipt does not mention survey number of the land. The petitioner has not not produced any valid

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 7 :

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document to prove his claim of possession since the year 1965.

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By a GO dated 25.10.1990, the Kerala

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Government accorded sanction to transfer 290.35 Hectares of revenue land to the Forest Department, for the purpose of raising compensatory afforestation. The area falling within Devikulam Range of Munnar Forest Station is protected by the Forest Department.

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The 3^rd respondent stated that the first step for constituting a reserve forest is by declaring the area under Section 4 as a “proposed reserve”. Annexure-R3(d) Section 4 notification has been published on 24.03.2021. Now, the Forest Settlement Officer will issue Section 6 notification before commencing hearing of the claimants. The aggrieved parties can prefer their claim before the Forest Settlement Officer after publication of the notification under Section 6. The petitioner also can file representation before the Forest Settlement Officer regarding his claim. The Forest Settlement Officer has not commenced the procedure for

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 8 :

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settlement of cases. In the circumstances, the Settlement Officer is not bound to consider Ext.P7 or P9 claim.

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I have heard the learned counsel for the petitioner

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and the learned Special Government Pleader (Forests) representing the respondents.

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The petitioner claims that his family is in possession of 4.38 Acres of land since the year 1965. The respondents have published notification under Section 4 of the Kerala Forest Act as per Ext.R3(a) order dated 06.11.2017. The petitioner is being persuaded by the respondents not to enter the petitioner's land. Furthermore, cairns are being built in the petitioner's property.

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It is the case of the petitioner that the land is cultivated with Coffee, Cardamom, Banana and Pepper. The petitioner is in legal possession of the land. The land has Coffee Board registration and the Village Officer has issued Possession Certificates. The Grama Panchayat has given Ownership Certificate in respect of a building in the land. Therefore, as long as the petitioner's claim is not

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 9 :

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adjudicated, the respondents cannot oust the petitioner from his property.

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Whenever the Government proposes to constitute

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any land as a Reserve Forest, the Government has to publish a notification under Section 4 of the Kerala Forest Act, 1961. By the notification, the Government has to appoint an officer as Forest Settlement Officer. After the publication of Section 4 notification, the petitioner has submitted Ext.P9 claim before the Settlement Officer. A Section 4 notification is merely a notification declaring the intention of the government to constitute certain land as a Reserve Forest. The effect of Section 4 notification is that new rights cease to accrue and the government acquires certain rights over the forest.

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The Section 4 notification should be followed by a Section 6 proclamation by the Forest Settlement Officer. In view of Section 6(1)(d), the Forest Settlement Officer shall require every person claiming any right referred to in Section 4, to present to such officer or to appear before him

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 10 :

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and state the nature of such right. Therefore, it is evident that the time is yet to come for the petitioner to stake his claims, as no proclamation has been made under Section 6 of the Act by the Forest Settlement Officer.

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The grievance projected by the petitioner is that he is in possession of the 4.38 Acres of land since the year 1965 and the respondents are forcing the petitioner to vacate the land. Ext.P1 Certificate issued by the Coffee Board, Exts.P2 and P3 Possession Certificates issued by the Village Officer and Ext.P4 Ownership Certificate issued by the Grama Panchayat would show that the petitioner has a prima facie claim, over the property in question. As a Section 4 notification is intended to make known the intention of the Government to constitute a Reserve Forest, that by itself cannot be taken away any possessory rights. The question whether the petitioner has a legal right to possess the land he is holding and whether he has any claim on the basis of such possession, is a matter to be adjudicated by the Forest Settlement Officer after a Section 6 proclamation. That stage

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W.P.(C) No.4941/2022 & COC No.607/2022 : 11 :

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has not reached yet. Therefore, the petitioner cannot be dispossessed from the land except in accordance with any legal procedure.

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In the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make his claim before the Forest Settlement Officer as and when Section 6 proclamation is made. Till any adjudication is made by the Forest Settlement Officer on the claim made/to be made by the petitioner, the petitioner cannot be ousted from the land possessed by him, except in accordance with any procedure established by law. As the petitioner is yet to establish his right before the Forest Settlement Officer, this Court do not find any illegality in respondents erecting cairns in the property claimed by the petitioner.

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In view of the findings and conclusions as made above, no further proceedings are required in Contempt of Court Case (C) No.607 of 2022 and it is therefore closed.

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N. NAGARESH, JUDGE

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aks/14.09.2022

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Sd/-

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 12 :

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APPENDIX OF WP(C) 4941/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE CERTIFI	CATE	OF
	REGISTRATION, ISSUED BY THE TA UDUMBANCHOLA DATED 04/08/1984.	HSI	LDAR,
Exhibit P2	TRUE COPY OF THE PO CERTIFICATE ISSUED ON 19/03/1 RESPECT TO THE PROPERTY PURCHA SRI. RAYAPPAN.	SSE 984 SED	SSION WITH FROM
Exhibit P3	TRUE COPY OF POSSESSION CER	TIF	ICATE
	ISSUED BY THE VILLAGE CHINNAKKANAL.	OFF	ICER,
Exhibit P4	TRUE COPY OF OWNERSHIP CER ISSUED BY THE SECRETARY, CHIN GRAMA PANCHAYATH DATED 23/09/2	TIF NAK 014.	ICATE KANAL
Exhibit P5	TRUE COPY OF DECREE IN 282/2019.	OS	NO.
Exhibit P6	TRUE COPY OF NOTIFICATION ISSU SECTION 4 OF THE KERALA FOR DATED 24/03/2021.	ED EST	UNDER ACT
Exhibit P7	TRUE COPY OF PETITION FILED PETITIONER DATED 15/12/2021.	BY	THE
Exhibit P8	TRUE COPY OF RECEIPT ISSUED TAHSILDAR, UDUMBANCHOLA.	BY	THE
Exhibit P9	TRUE COPY OF PETITION FILED PETITIONER BEFORE THE SETTLEMENT OFFICER DATED 20/01	BY F /202	THE OREST 2.

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RESPONDENTS' EXH	IBITS:
ANNEXURE R3(a)	TRUE	COPY	OF	THE
	GO(Rt)No.421	/2017	/F&WLD	DATED
	06.11.2017
ANNEXURE R3(b)	TRUE COPY OF 24.03.2021.	THE	SRO NO.318/2021	DATED

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W.P.(C) No.4941/2022 & COC No.607/2022

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: 13 :

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APPENDIX OF CON.CASE(C) 607/2022

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PETITIONER'S ANNEXURES:

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Annexure A A COPY OF THE NOTIFICATION ON 24.03.2021 UNDER SECTION 4 OF THE KERALA FOREST ACT 1961. Annexure B A COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.C NO. 4941/2022 DATED 28TH FEBRUVARY, 2022. Annexure C A COPY OF THE PHOTOGRAPH OF THE JUNTA CONSTRUCTED BY THE RESPONDENTS.

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RESPONDENT'S ANNEXURES:

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Annexure R2(a)	True copy of the 06.03.2022	Form -I Report dated
Annexure R2(b)	True coy of 06.03.2022	the Mahazar dated
Annexure R2(c)	True copy of the the accused Respondent	statement tendered by before the first
Annexure R2(d)	True copy of No.936/22 dated 1	the order in CMP 1.03.2022
Annexure R2(e)	True copy of S under Section 72 Act, 1961.	RO.No.16/66 , issued of the Kerala Forest

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Selvaraj a., v. the District Collector

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Selvaraj a., v. the District Collector

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