RAVICHANDRAN v. STATE OF KERALA
Case at a glance
Outcome
Allowed
petition is allowed, directing the competent
Provisions considered
Key paragraphs
- Para 33. Sri.T.P.Sajan – learned Special Government Pleader, submitted that a statement has been filed by him, explaining the true facts. He added that the possession of the properties in question will be restored to the petitioner and his co-owner not later than six months from…
Judgment
BY ADV.SRI.T.P.SAJAN, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34595 OF 2023 -3- JUDGMENT The petitioner seeks a direction to respondents 1 to 6 to restore the lands involved in O.A.Nos.515/1974 and 516/1974, on the files of the Forest Tribunal, Palakkad. He also seeks that said respondents be directed to issue a “No Objection Certificate” (NOC) to him and his co- owner for the beneficial enjoyment of the same; and he prays that this be ordered to be done within a time frame to be fixed by this Court.
Sri.M.R.Sasi – learned counsel for the petitioner, further submitted that it is only after the possession of the property is obtained by his client that he can apply for the change of the nature of the same to private land; and therefore, that any further would cause serious injury to his client. He thus reiteratingly prayed that the reliefs sought for in this writ petition be granted. WP(C) NO. 34595 OF 2023 -4-
Sri.T.P.Sajan – learned Special Government Pleader, submitted that a statement has been filed by him, explaining the true facts. He added that the possession of the properties in question will be restored to the petitioner and his co-owner not later than six months from now; and explained that he has been constrained to seek this time frame for the reasons that have already been stated in the aforementioned statement.
I have examined the statement filed by the learned Special Government Pleader, on behalf of the 4th respondent - the relevant portions of which read as follows: “4. The claim of the petitioner is that 28 cents in Sy. No. 35/4 and 65 cents in Sy No. 25/1 and 25/5 were purchased by his father from Chami and Abdul Rahiman, original applicants in the O.As, as per the Ext. P3 and Ext. P4 documents respectively. Ext. P5 Possession Certificate dated 18.05.2010 WP(C) NO. 34595 OF 2023 -5- shows that Sasidharan S/o Arumughan and Ravichandran S/o Arumughan are in possession of lands in old Sy. No. 28/6, 27/1, 25/5 and 28/10. But the lands sold to the predecessor of the petitioner as per Ext P3 and P4 are in Sy. No. 35/4, 25/1 and 25/5. It is submitted that Ext. P3 does not cover the schedule property in O.A. No.515/1974. With regard to Ext. P4, Sy. No. 25/1 alone is included in the schedule property of OA. No. 516/1974. As such whether the petitioner is the rightful claimant or not is to be examined in detail.
Ext. P6 is the agreement dated
29.06.2008 made by the children of Aruchami, Lakshmanan, Ramankutty, Thathammal, Madhavi and Rugmani expressing their consent to receive the properties involved in OA cases by Ravichandran and Sasi. Ext P7 is the Power of Attorney made by Chami S/o Mayan, appointing Ravichandran as his Power of Attorney to receive the schedule property in O.A. No. 515/1974 and the said Power of Attorney was executed on
14.05.2008. Ext P8 is the Power of Attorney executed by Abdül Rahiman in favour of the petitioner to receive the WP(C) NO. 34595 OF 2023 -6- schedule Property OA No. 516/1974 and the said document was found executed on
23.01.2006.
It is submitted that the survey of the land in O.A. No.516/1974 has already been completed and approved sketch is received from the Assistant Director, Forest Mini Survey, Kozhikkode. Direction has already been given to the Range Forest Officer, Olavakkode to submit restoration proposal for the land involved in O.A. No.516/74 as the land does not comes under the purview of ecologically fragile land. Based on the above, the restoration process in OA No.516/1974 is ready begun. It is submitted that survey of the land involved in O.A.No. 515/1974 is pending. Necessary communication has already been given to the Assistant Director of Survey, Forest Mini Survey, Kozhikkode for survey of the land involved in O A No.515/1974.
The process of restoration is a time consuming one. Firstly, the schedule property is to be surveyed and approved sketch and fair area list are to be obtained from the Assistant Director of WP(C) NO. 34595 OF 2023 -7- Survey, Fore Mini Survey, Kozhikkode. Then, verification of the schedule property to be conducted by the Range Forest Officer, Divisional Forest Officer and the Custodian of Vested Forests for submitting the restoration proposal to the Government for obtaining necessary orders.”
Operative part
5. Since the learned Special Government Pleader undertakes that the possession of the lands will be restored to the petitioner and his co-owner within a period of six months, I do not think that this Court will be justified in issuing any further orders. In the afore circumstances, this writ petition is allowed, directing the competent respondents to ensure that the lands in question are restored to the petitioner and his co-owner, as per law, following due procedure, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment. WP(C) NO. 34595 OF 2023 -8- Needless to say, all the liberties of the petitioner, as available to him in law with respect to the lands, are left open. Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 34595 OF 2023 -9- APPENDIX OF WP(C) 34595/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 5TH OCTOBER 1974, IN OA 515 OF 1974 OF THE HON'BLE FOREST TRIBUNAL, PALGHAT A TRUE COPY OF THE ORDER DATED 14TH OCTOBER 1974, IN OA 516 OF 1974 OF THE HON'BLE FOREST TRIBUNAL, PALGHAT EXHIBIT P2(A) A TYPED COPY OF THE ORDER DATED 14TH OCTOBER 1974, IN OA 516 OF 1974 OF THE HON'BLE FOREST TRIBUNAL, PALGHAT EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 A TRUE COPY OF DOCUMENT NO1224 OF 1977 OF SUB REGISTRY, PARALI A TRUE COPY OF DOCUMENT NO 301 OF 1975 OF SUB REGISTRY, PARALI A TRUE COPY OF POSSESSION CERTIFICATE NUMBER 2365/010 DATED 18/05/2010 ISSUED BY VILLAGE OFFICER, MUNDUR 1 A TRUE COPY OF THE CONSENT LETTER NIL DATED ON STAMP PAPER WORTH RS 50/- A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY CHAMY S/O MAYAN, THE APPLICANT IN OA 515/1974 IN FAVOUR OF THE PETITIONER A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY ABDU RAHIMAN, THE APPLICANT IN OA 516/1974 IN FAVOUR OF THE PETITIONER EXHIBIT P9 A TRUE COPY OF LETTER NUMBER P- 651/2005 DATED 07/06/ 2008 WP(C) NO. 34595 OF 2023 -10- EXHIBIT P10 A TRUE COPY OF LETTER NUMBER P 4224/2008 DATED 27/05/2010 EXHIBIT P11 A TRUE COPY OF THE LAWYER NOTICE DATED 30/12/2021SEEKING THE RESTORATION OF 28 CENTS OF LAND IN OA 515/1974 ALONG WITH A COPY OF THE POSTAL RECEIPT EXHIBIT P11(A) A TRUE COPY OF THE ACKNOWLEDGEMENT CARD EXHIBIT P12 A TRUE COPY OF THE LAWYER NOTICE DATED 30/12/2021 SEEKING RESTORATION OF 52 CENTS OF LAND IN OA 516/1974, ALONG WITH THE COPY OF THE POSTAL RECEIPT EXHIBIT P12 (A) A TRUE COPY OF THE ACKNOWLEDGEMENT CARD EXHIBIT P13 EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED 30/12/2021 UNDER THE RIGHT TO INFORMATION ACT, IN RESPECT OF THE PROPERTY INVOLVED IN OA 515 OF 1974. A TRUE COPY OF THE APPLICATION DATED 29/12/2021 FILED UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT IN RESPECT OF PROPERTY INVOLVED IN OA 516 OF 1974.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is allowed, directing the competent
Which statutory provisions did this judgment involve?
Right to Information Act, 2005.
Which court decided this case, and when?
Kerala High Court, on 05 Jan 2024. The bench was DEVAN RAMACHANDRAN.
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.