IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 31729 of 2005(B) -------------------------- PETITIONER(S): --------------- LEELAVATHI AMMA, D/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. FOREST AND WILD LIFE (E) DEPT., GOVT. SECRETARIAT, TRIVANDRUM. 2. THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, OLAVAKKODE DIVISION, PALAKKAD. 4. KARTHYAYANI, D/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. 5. KRISHNANKUTTY, S/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. 6. GOVINDANKUTTY, S/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. 7. PUSHPAVATHI, D/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. 8. NANIKUTTY @ OMANA, D/O.LATE KESAVAN NAIR KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. 9. SANTHAKUMARI, D/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUI, PALAKKAD DISTRICT. 10. BAGHYALAKSHMI, D/O.LATE KODIYIL KESAVAN NAIR, KODIYIL HOUSE, VAZHUKAPPARA, KINAVALLUR, PALAKKAD TALUK, PALAKKAD DISTRICT. SPL. G.P.(FOREST) SRI.P.M.POULOSE FOR R1TO3 SRI.SUNIL NAIR PALAKKAT FOR R4,5,7,8,9 SRI.SUNIL NAIR PALAKKAT FOR R5 AND 10 SRI.K.N.ABHILASH FOR R5 AND R10 SMT.R.LEELA FOR R5 AND R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.27.2.1975 OF THE FOREST TRIBUNAL, PALAKKAD. P2: TRUE COPY OF CERTIFICATE OF DEATH DT.22.2.94 ISSUED BY THE PARLI PANCHAYAT. P3: TRUE COPY OF NOTICE DT.21.6.05. P4: TRUE COPY OF COMMUNICATION DT.27.6.05 ISSUED BY R1. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.31729 of 2005 .................................................................... Dated this the 25th day of June, 2009. JUDGMENT The petitioner's grievance is that the Forest Department has not demarcated the boundaries of her property which is covered by Ext.P1 order issued by the Forest Tribunal, Palakkad on 27.2.1975 in O.A. No.79/1975. Even though petitioner is in enjoyment of the property, the tax is not recovered because property is not formally restored to the petitioner by the Forest Department. According to the Special Government Pleader appearing for the Forest Department, there is discrepancy in the extent of property and survey number as stated in the petition and as stated in the order of the Forest Tribunal. It is not known whether there is any change of survey number for the property in the course of resurvey or for any other reason. In any case the fact remains that the petitioner's title is declared by the Forest Tribunal vide Ext.P1 order which has become final. The petitioner has the duty to pay land tax for the property and Forest Department has prevented payment of tax on account of their inaction. Therefore, I direct the 2 Tahsildar to identify the property with reference to the order and after verifying petitioner's possession and enjoyment of the property after issuing notice to the third respondent, effect mutation based on the order of the Forest Tribunal. In any case the entire arrears of tax should be recovered without interest within a period of three months from now. The petitioner will produce copy of this judgment for compliance. C.N.RAMACHANDRAN NAIR Judge pms