IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 37177 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.A.THOMAS, S/O. AIPPU, KAROPPADATH @ KUNNUMPURATH, PAYYANEDAM, KUMARAMPUTHUR, MANNARKKAD, PALAKKAD. 2. JOHNSON, S/O. THOMAS, KOLLIYIL, PAYYANEDAM, KUMARAMPUTHUR, MANNARKKAD, PALAKKAD. 3. SMT.SHYNI, W/O. JAMES, KOLLIYIL, PAYYANEDAM, KUMARAMPUTHUR, MANNARKKAD, PALAKKAD. BY ADVS. MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS. RESPONDENT(S): ---------------------------- 1. THE DIVISIONAL FOREST OFFICER, MANNARKKAD DIVISION, MANNARKKAD P.O. 2. THE SUB REGISTRAR, MANNARKKAD, MANNARKKAD P.O. 3. THE CUSTODIAN OF VESTED FORESTS, PALAKKAD. R1 TO R3 BY SPL.GOVERNMENT PLEADER (FORESTS)MR.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J ============================== W.P(C) No.37177 of 2009 ===================================== Dated this the 11th day of January, 2010 ===================================== J U D G M E N T The petitioner herein seeks for a direction to the second respondent to register the sale deeds presented by petitioners 2 and 3 in respect of the properties covered by ExtP4 and P5 deeds without any no objection certificate from the Forest Department. 2. The property is having an extent of 4 acres in survey No.1/1A, Payanedam village in Payyanedam Desom, the first petitioner obtained the same as per a gift deed executed by his father and since then he was in possession and enjoyment of property. Ext.P2 is the certificate of purchase obtained by him in respect of the said property. 3. In O.A.No.435/1976 before the Forest Tribunal, Manjeri, as per order dated 7/6/1978, the proceedings initiated under the Kerala Private Forest (Vesting and Assignment) Act against the 1st petitioner's property was set aside and the tribunal finally passed Ext.P3 order dated -2- W.P(C) No.37177 of 2009 7/6/1978 in favour of the first petitioner. 4. The first petitioner assigned 1 acre 85 cents to his son Mr. Joy the 2nd petitioner, out of the 4 acres covered by Ext.P1. The 2nd petitioner assigned 70 cents to his sister-in-law Smt. Shyni the 3rd petitioner, as per Gift Deed No.2659/2006. The petitioners are also relying upon Ext.P6 - P11, possession certificates and basic tax receipts to show that they are in possession of the property. 5. Aggrieved by the communication of the Divisional Forest Officer, Mannarkkad as per letter dated 5/9/2009 issued to Sub-registrar, Palakkad not to register documents relating to any property lying adjacent to Forest land, the petitioners have approached this Court seeking various reliefs. As directed by this Court, the first respondent has filed a statement. The contention raised by the first respondent is that the disputed property is lying adjacent to VFC item No.19, which is known as Karappadam Malavaram and there is no clear demarcation of property on the western side to separate the same from the remaining forest land. It is also -3- W.P(C) No.37177 of 2009 submitted that the prayer of the petitioners for the issuance of the NOC cannot be considered before completing the survey and demarcation of the disputed property by a competent authority. The respondents have already requested the Asst. Director Forest Mini Survey, Kozhikode to complete the survey and demarcation of the property. 6. The learned counsel appearing for the petitioner submits that there cannot be any dispute regarding the possession of the property. It is also submitted that there had been proper demarcation. By relying upon Section 8(3) of the Act, it is pointed out that after 31 years the respondents cannot be heard to say that they are yet to demarcate the property in terms of the award and the judgments of various Tribunals. 7. Since the first respondent has pleaded that a demarcation is required in respect of the disputed property, I am of the view that some time can be granted for completing the process. But the same cannot be unnecessarily delayed also, in view of the urgency pleaded by the petitioners to -4- W.P(C) No.37177 of 2009 register the sale deed. 8. Therefore, there will be a direction to the first respondent to see that the measurement and demarcation of the disputed property is completed within a period of two months from today. There will be a further direction to Asst. Director, Forest Mini Survey, Kozhikode, to complete the demarcation, so as to enable the first respondent to issue the NOC within the above said period. 9. Writ petition is accordingly disposed of. Since it is pointed out that the initial period of the agreement for sale is already over and is now under extension, the first respondent will complete the process and issue the no objection within the above said period itself, without seeking for an extension and thereafter petitioners will approach the second respondent for registering the sale deed. T.R.RAMACHANDRAN NAIR JUDGE nl