BY AD v. SRI.NAGARAJ NARAYANAN, SPL. G.P
Case at a glance
- Decided
- 27 Oct 2022
- Bench
- ANU SIVARAMAN C JAYACHANDRAN
Provisions considered
Key paragraphs
- Para 33. The learned Special Government Pleader submits that the above certificate is sufficient for all the petitioner's purposes including for payment of basic tax in respect of the land in question. It is stated that the copy of the certificate has been duly addressed to…
Judgment
SRI.KURA SREENIVAS IFS DIVISIONAL FOREST OFFICER, PALAKKAD. ADDL.R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED 07/12/2023 IN COC 263/2023. BY ADVS. SRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO.263 OF 2023 -: 2 :- JUDGMENT Dated this the 11 th day of January, 2024 Anu Sivaraman, J. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents.
An affidavit has been placed on record by the 2nd respondent Divisional Forest Officer specifically stating that the land has been de-notified from the purview of the EFL as per notification dated 19.7.2023, which is produced as Ext.R2(a). It is submitted that thereafter, by proceedings dated 18.11.2023, the Chief Conservator of Forests, Eastern Circle and Custodian of Vested Forests, Olavakkode had restored an extent of 1.065 Acres (0.4309 hectare) in Malampuzha-I Village of Palakkad Taluk as per the approved survey sketch of Assistant Director of Survey, Forest Mini Survey, Kozhikode to the petitioner on 21.12.2023. The proceedings are produced as Ext.R2(b) and the connected documents including the restoration mahazar, acknowledgment and the survey sketch which are produced as Annexures R2(c), R2(d) and R2(e) respectively. It is submitted that the directions in the judgment stand complied with. It is further submitted that a certificate has been issued to the petitioner by the Office of the Divisional Forest Officer on 21.12.2023 certifying that the above CON.CASE(C) NO.263 OF 2023 -: 3 :- mentioned extent of land in Survey No.739A/2A1A1 of Malampuzha- 1 Village, Palakkad Taluk has been exempted from the purview of the Kerala Private Forest (Vesting and Assignment) Act, 1971. It is further stated that the above property stands restored to the petitioner after observing all the procedures of restoration.
The learned Special Government Pleader submits that the above certificate is sufficient for all the petitioner's purposes including for payment of basic tax in respect of the land in question. It is stated that the copy of the certificate has been duly addressed to the Tahsildar, Palakkad, the Village Officer, Malampuzha-1 Village as well as the Range Officer, Valayar for information. In the above view of the matter, we are of the opinion that though there is considerable delay, the directions contained in the judgment now stands complied with. The Contempt of Court Case is, accordingly, closed. Sd/- ANU SIVARAMAN JUDGE C. JAYACHANDRAN JUDGE Sd/- Jvt/20.1.2024 CON.CASE(C) NO.263 OF 2023 -: 4 :- APPENDIX OF CON.CASE(C) 263/2023 PETITIONER ANNEXURES :- ANNEXURE B A TRUE COPY OF THE JUDGMENT DATED 14/07/2017 IN W.P.C. NO. 22263/17 OF THIS HON'BLE COURT Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 27/10/2022 IN MFA (FOREST) NO. 110/2022 OF THIS HON'BLE COURT ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 12.11.2020 IN W.P.(C).
NO. 18303/2020 OF THIS HON'BLE COURT ANNEXURE D A TRUE COPY OF THE ORDER NO. EFL 6-558/2008 DATED 19.07.2023 ISSUED BY THE RESPONDENT ANNEXURE E A TRUE COPY OF THE LETTER NO. B4-7920-86 DATED 21.07.2023 ADDRESSED TO THE DIVISIONAL FOREST OFFICER, PALAKKAD ANNEXURE F A TRUE COPY OF THE APPLICATION DATED 27.07.2023 SUBMITTED TO THE CUSTODIAN WITH COPY TO THE DFO ANNEXURE G A TRUE COPY OF THE CERTIFICATE NO.714/2023 DATED 25.07.2023 ISSUED BY THE VILLAGE OFFICER, MELARCODE VILLAGE ANNEXURE H A TRUE PHOTOCOPY OF THE AFFIDAVIT OF THE PETITIONER DATED 08.09.2023 ANNEXURE I TRUE COPY OF THE LETTER NO. EFL O.A. 23/2008 DATED 4.09.2023 ISSUED BY THE D.F.O, PALAKKAD Annexure J TRUE COPY OF THE DEPOSITION OF PW2 DATED 10.02.1999 IN O.A. NO. 11/97 OF THE FOREST TRIBUNAL, KOZHIKODE Annexure K A TRUE COPY OF THE JUDGMENT DATED11.04.2008 IN M.F.A. NO. 72/2000 OF THIS HON'BLE COURT Annexure L A TRUE COPY OF THE LETTER NO.G-1 EFL -O.A.110/2020 DATED 13/10/2023 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD TO ME Annexure M A TRUE COPY OF THE LETTER NO. G1-E.F.L. O.A. CON.CASE(C) NO.263 OF 2023 -: 5 :- 23/2008 DATED 24.11.2023 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD RESPONDENT ANNEXURES :- Annexure 1 TRUE COPY OF THE PROCEEDINGS NO. EFL6-558/2008 DATED 19.7.2023 ISSUED BY THE CUSTODIAN EFL Annexure 2 TRUE COPY OF THE SURVEY SKETCH APPROVED BY THE ASSISTANT DIRECTOR, FOREST MINI SURVEY, KOZHIKODE Annexure 3 TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA GAZETTE DATED 25.7.2023 ANNEXURE R2(a) TRUE COPY OF THE NOTIFICATION NO.EFL1-832/2023 DATED 19-07-2023 ANNEXURE R2(b) TRUE COPY OF THE PROCEEDINGS NO. B4/7920/1986 DATED 18/11/2023 ANNEXURE R2(c) RESTORATION MAZHAR DATED 13/12/2023 ANNEXURE R2(d) ACKNOWLEDGMENT RECEIPT GIVEN BY M.K.UNNINEITHYAR @ MALININETHIYAR ANNEXURE R2(e) SURVEY SKETCH
Questions this judgment answers
Which statutory provisions did this judgment involve?
Kerala Private Forest (Vesting and Assignment) Act, 1971.
Which court decided this case, and when?
Kerala High Court, on 27 Oct 2022. The bench was ANU SIVARAMAN C JAYACHANDRAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.