Allowed

Krishnakumar v. the Divisional Forest Officer

Kerala HC12 Jan 2022WP(C)/836/2022

Case brief

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What is this about?

The High Court of Kerala allowed a writ petition directing the 1st respondent (Divisional Forest Officer) to consider an application for a No Objection Certificate filed by property owners regarding land development and pass appropriate orders within one month.

What did the court decide?

Directing the 1st respondent to consider Ext.P8 application for NOC and pass appropriate orders within one month.

Krishnakumar Vs the Divisional Forest Officer — Landlord and Tenant | 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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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022/22ND POUSHA, 1943

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WP(C) NO. 836 OF 2022

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PETITIONERS:

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1 KRISHNAKUMAR, S/O.AANDI, AGED 55 YEARS, PUTHANPURAKKAL HOUSE, ELAYOOR, AREACODE, MALAPPURAM DISTRICT PIN – 673 639.

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2 MINI, W/O. KRISHNAKUMAR, AGED 46 YEARS, PUTHANPURAKKAL HOUSE, ELAYOOR, AREACODE, MALAPPURAM DISTRICT PIN – 673 639.

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3 SANTHA, D/O. AANDI, AGED 49 YEARS, PUTHANPURAKKAL HOUSE, ELAYOOR, AREACODE, MALAPPURAM DISTRICT 673 639.

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BY ADV BABU S. NAIR

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RESPONDENTS:

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1 THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH, NILAMBUR, MALAPPURAM DISTRICT PIN – 679 329.

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2 THE FOREST RANGE OFFICER, EDAVANNA FOREST RANGE OFFICE, EDAVANNA P.O., MALAPPURAM DISTRICT PIN – 676 541.

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3 THE VILLAGE OFFICER, AKAMPADAM VILLAGE, AKAMPADAM P.O., NILAMBUR, MALAPPURAM DISTRICT PIN – 679 329.

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SRI.T.P.SAJAN SPL.GP(FOREST)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.836/2022

JUDGMENT

Dated this the 12^th day of January, 2022

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The petitioners, who are the owners in possession of various extents of properties in Akampadam Village, have approached this Court seeking to direct respondents 1 and

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2 not to interfere with enjoyment of the properties owned and possessed by the petitioners on the strength of Exts.P1 to P3 documents.

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The petitioners submit that they are in

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possession of the properties by virtue of Exts.P1 and P2 and they have been paying basic land tax in respect of the properties for quite long time. All the four sides of the properties of the petitioners are demarcated by clear boundaries. The petitioners wanted to develop the properties and wanted to sell a portion of the property.

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When the petitioners went to the properties on 15.11.2021, for weeding and levelling the land, some Forest Guards came and obstructed the work stating that the activities cannot be carried out without a 'No Objection Certificate'. The petitioners thereupon filed Ext.P8 application before the Divisional Forest Officer, Nilambur seeking NOC for development of the land.

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I have heard the learned counsel for the petitioners and the learned Special Government Pleader representing the respondents.

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Exts.P1 to P3 show that the petitioners are in possession of the property on the basis of Purchase Certificate. The petitioners want to develop the land. They have submitted Ext.P8 application before the 1^st respondent. In the circumstances, this Court is of the view that the 1^st respondent can consider the application, atleast at the first instance.

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In the circumstances, the writ petition is disposed of directing the 1^st respondent to consider Ext.P8 application submitted by the petitioners for NOC and pass appropriate orders thereon within a period of one month. The petitioners are directed to serve a copy of the writ petition along with a certified copy of this judgment on the 1^st respondent.

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Sd/- N. NAGARESH JUDGE

ncd/12.01.2022

APPENDIX OF WP(C) 836/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	A TRUE COPY OF THE DOCUMENT
	NO.3973/2010 DATED, 6-7-2010 OF THE S.R.O., NILAMBUR
Exhibit P2	A TRUE COPY OF THE PURCHASE
	CERTIFICATE ISSUED BY THE LAND TRIBUNAL, MALAPPURAM DATED, 9-8-2006
Exhibit P3	TRUE COPY OF THE SAID PURCHASE CERTIFICATE DATED, 9-8-2006
Exhibit P4	A TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PROPERTIES OF THE FIRST PETITIONER DATED, 30-9-2021
Exhibit P5	A TRUE COPY OF THE BASIC LAND TAX RECEIPT IN RESPECT OF THE PROPERTIES OF THE PETITIONERS 2 AND 3 DATED, 21- 4-2015
Exhibit P6	A TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTIES OF THE PETITIONERS 2 AND 3 ISSUED BY THE 3RD RESPONDENT DATED, 25-4-2015
Exhibit P7	A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN RESPECT OF THE PROPERTIES OF THE FIRST PETITIONER
	DATED, 30-11-2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P8	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE
	THE FIRST RESPONDENT DATED, 1-12-2021

Krishnakumar v. the Divisional Forest Officer

Case brief

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Krishnakumar v. the Divisional Forest Officer

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