P.RAJAMMA v. THE STATE OF KERALA

BY ADV SRI.ALEX THANNIPPILLY RESPONDENT/S: 1 2 3 4 5 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE (E) DEPARTMENT, GOVERNEMNT SECRETARIAT, TRIVANDRUM, PIN - 695 001. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FOREST HEAD QUARTERS, TRIVANDRUM, PIN - 695 001. THE CUSTODIAN ECOLOGICALLY FRANGILE LAND AND CHIEF CONSERVATOR OF FOREST FOREST HEAD QUARTERS, TRIVANDRUM - 695 001. THE CONSERVATOR AND CUSTODIAN OF FOREST PALAKKAD FOREST DIVISION, OLAVAKKODE, PALAKKAD - 678 002. THE DIVISIONAL FOREST OFFICER WALAYAR FOREST RANGE, PALAKKAD, PIN - 678 002. WP(C) NO. 34343 OF 2014 2 BY ADV SRI.SANDESH RAJA.K., SPL. G.P. (FOREST) OTHER PRESENT: SRI.T.P.SAJAN, SPL.GP(FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34343 OF 2014 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 34343 of 2014 -------------------------------------- Dated this the 9th day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : “(i) To Issue a writ of certiorari or any other appropriate writ or direction to quash the Exhibit P20 and Exhibit P20 (a) orders passed by the 1st respondent. (ii) To call for the records leading to the issue of Exhibit P20 Exhibit P20 (a) orders passed by the 1" respondent and to quash the same. (iii) To Issue a writ of Mandamus or any other appropriate writ or direction to the 1" respondent to restore the properties to the petitioners for cultivation. (iv) To Pass such other order or direction as this Hon'ble Court deems fit and proper to grant in the nature and circumstances of the case.” [SIC]

2. The writ petition is filed challenging Exts.P20 and P20(a) which is passed by the 1st respondent under Sec.10A of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003. The Special Govt. Pleader (Forest) submitted that the remedy of the petitioners is to approach the WP(C) NO. 34343 OF 2014 4 EFL Tribunal, if the petitioners are aggrieved by the same. The counsel for the petitioners submitted that there is a limitation for approaching the Tribunal. Since the writ petition is pending before this Court from 2014 onwards, the time during which the writ petition is pending before this Court can be excluded while calculating the limitation period. Therefore, the petitioners are free to approach the EFL Tribunal against Exts.P20 and P20 (a). Therefore, this writ petition is disposed of allowing the petitioners to approach the EFL Tribunal against Exts.P20 and P20(a). While deciding the limitation period, the time during which this writ petition is pending before this Court shall be excluded. All the contentions raised by the petitioners in this writ petition are left open and the petitioners are free to agitate the same before the Tribunal. SKS SD/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 34343 OF 2014 5 APPENDIX OF WP(C) 34343/2014 PETITIONER EXHIBITS EXHIBIT P1. TRUE PHOTOSTAT, COPY OF THE SALE DEED NO.425/1985, DATED 28.01.1985 OF PALAKKAD SUB REGISTRY IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER. EXHIBIT P1(A). TRUE PHOTOSTAT, COPY OF THE SALE DEED NO.426/1985, DATED 28.01.1985 OF PALAKKAD SUB REGISTRY IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER. EXHIBIT P1(B). TRUE PHOTOSTAT, COPY OF THE SALE DEED NO.427/1985, DATED 28.01.1985 OF PALAKKAD SUB REGISTRY IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER. EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE LAND TAX RECEIPT ISSUED TO THE 1ST PETITIONER FROM THE VILLAGE OFFICE MALAMPUZHA II DATED 04.02.1985. EXHIBIT P2(A). TRUE PHOTOSTAT COPY OF THE LAND TAX RECEIPT ISSUED TO THE 2ND PETITIONER FROM THE VILLAGE OFFICE MALAMPUZHA II DATED 04.02.1985. EXHIBIT P3. TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE VILLAGE OFFICE MALAMPUZHA II DATED 16.04.1985. EXHIBIT P3(A). TRUE PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE VILLAGE OFFICE MALAMPUZHA II DATED 16.04.1985. EXHIBIT P4. TRUE PHOTOSTAT COPY OF THE MORTGAGE DEED DATED 26.03.1985 OF THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. WP(C) NO. 34343 OF 2014 6 EXHIBIT P5. TRUE PHOTOSTAT COPY OF THE LETTER DATED 14.06.2002 OF THE SPECIAL SALES OFFICER PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED. EXHIBIT P6. TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.14307 ON 06.03.2000 FOR RS.1,00,000/-. EXHIBIT P6(A). TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.14690 ON 14.03.2000 FOR RS.25,000/-. EXHIBIT P6(B). TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.2927 DATED 27.03.2004 FOR RS.1,100/-. EXHIBIT P6(C). TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.2952 DATED 27.03.2004 FOR RS.69,115/-. EXHIBIT P6(D). TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.2953 DATED 27.03.2004 FOR RS.48,792/-. EXHIBIT P6(E). TRUE PHOTOSTAT COPY OF THE REMITTANCE MADE TO BANK VIDE RECEIPT NO.2954 DATED 27.03.2004 FOR RS.41,321/-. EXHIBIT P7. TRUE PHOTOSTAT COPY OF THE ORDER NO.8592/99 DATED 20.10.2004 OF JOINT REGISTRAR GENERAL PALAKKAD CO-OPERATIVE SANGAM. EXHIBIT P8. TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA EERNAKULAM DATED 19.02.1998 IN M.F.A. NO.814/1988 AND M.F.A NO.654/1988. EXHIBIT P9. TRUE PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN S.L.P.(CIVIL)NO.C.C.NO.7383-7383-7384/98 WP(C) NO. 34343 OF 2014 7 DATED 23.11.1998. EXHIBIT P10. TRUE PHOTOSTAT COPY OF THE REPRESENTATION OF THE PETITIONERS TO THE 4TH RESPONDENT DATED 12.03.2003. EXHIBIT P11. TRUE PHOTOSTAT COPY OF THE ENQUIRY REPORT OF THE DIVISIONAL FOREST OFFICE FLYING SQUAD DIVISION PALAKKAD DATED 11.03.2004. EXHIBIT 12. TRUE PHOTOSTAT COPY OF THE LETTER NO.C6-2181/2005 OF THE 3RD RESPONDENT DATED 30.05.2005 ISSUED TO THE PETITIONER. EXHIBIT P13. TRUE PHOTOSTAT COPY OF THE PETITIONERS' REPRESENTATION TO THE 2ND RESPONDENT DATED 06.06.2005. EXHIBIT P14. TRUE PHOTOSTAT COPY OF THE APPLICATION OF THE 1ST PETITIONER DATED 09.02.2010 TO THE 2ND RESPONDENT. EXHIBIT P15. TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 10.02.2010 OF THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P16. TRUE PHOTOSTAT COPY OF THE W.P.(C)NO.18630/2011 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA WITHOUT EXHIBITS. EXHIBIT P17. TRUE PHTOSTAT COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C)NO.18630/2011 DATED 11.07.2011. EXHIBIT P18. TRUE PHOTOSTAT COPY OF THE REPORT OF THE ECOLOGICALL FRAGILE LAND COMMITTEE REPORT ALONG WITH PHOTOS IN RESPECCT OF THE PROPERTY OF THE 1ST PETITIONER - EFL -6- 1227/2010. WP(C) NO. 34343 OF 2014 8 EXHIBIT P18(A). TRUE PHOTOSTAT COPY OF THE REPORT OF THE ECOLOGICALL FRAGILE LAND COMMITTEE REPORT ALONG WITH PHOTOS IN RESPECCT OF THE PROPERTY OF THE 2ND PETITIONER - EFL -6- 1236/2010. EXHIBIT P19. TRUE PHOTOSTAT COPY OF THE INDIVIDUAL REPORT OF THE AGRICULTURAL OFFICER GEORGE T. ABRAHAM IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER. EXHIBIT P19(A). TRUE PHOTOSTAT COPY OF THE INDIVIDUAL REPORT OF THE AGRICULTURAL OFFICER GEORGE T. ABRAHAM IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER. EXHIBIT P20. TRUE PHTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENT NO.1214/E2/2012/F&WLD DATED 07.02.2012 TO THE 1ST PETITIONER. EXHIBIT P20(A). TRUE PHTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENT NO.1215/E2/2012/F&WLD DATED 07.02.2012 TO THE 2ND PETITIONER. EXHIBIT P21. TRUE COPY OF THE REPRESENTATION OF PETITIONERS TO THE 1ST RESPONDENT DATED 01.05.2012. EXHIBIT P22. TRUE COPY OF THE REPRESENTATION OF PETITIONERS TO THE 1ST RESPONDENT DATED 02.06.2013.