IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 23028 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. VARGHESE,S/O.MATHAI, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 2. MARIYAMMA,W/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 3. MATHAI,S/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 4. SOSAMMA,W/O.MATHAI, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 5. JOHN,S/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 6. ELIKUTTY,W/O.JOHN, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 7. ULAHANNAN,S/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 8. VARGHESE,S/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. 9. JOSEPH,S/O.VARGHESE, VADAKKEKARAKKAL KALLADIKODE P.O., MANNARKKAD,PALAKKAD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN WPC NO.23028/2009 RESPONDENT(S): --------------- 1. THE DIVISIONAL FOREST OFFICER, MANNARKKAD. 2. THE RANGE OFFICER, MANNARKKAD,PALAKKAD. MR.P.M.POULOSE, GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23028/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PURCHASE CERTIFICATE NO.58/1984 DATED 21/06/1984 IN RESPECT OF THE 1ST PETITIONER'S PROPERTY. P2 : COPY OF PURCHASE CERTIFICATE NO.59/1984 DATED 21/06/1984 IN RESPECT OF THE 2ND PETITIONER'S PROPERTY. P3 : COPY OF PURCHASE CERTIFICATE NO.54/1984 DATED 21/06/1984 IN RESPECT OF THE PROPERTY IN THE NAME OF 3RD PETITIONER. P4 : COPY OF PURCHASE CERTIFICATE NO.62/1984 DATED 21/06/1984 ISSUED BY THE LAND TRIBUNAL AGALI ASSIGNING THE PROPERTY TO THE 4TH PETITIONER. P5 : COPY OF PURCHASE CERTIFICATE ISSUED BY THE AGALI LAND TRIBUNAL ASSIGING THE PROPERTY TO THE 5TH PETITIONER VIDE DOCUMENT NO.57/1984 DATED 21/06/1984. P6 : COPY OF PURCHASE CERTIFICATE NO.61/1984 DATED 21/06/1984 ISSUED TO THE 6TH PETITIONER BY THE LAND TRIBUNAL, AGALI. P6(a) : COPY OF THE ABOVE PURCHASE CERTIFICATE NO.60 OF 1984 DATED 21/06/1984. P6(b) : COPY OF THE SALE DEED EXECUTED BY THOMAS JACOB IN FAVOUR OF THE 6TH PETITIONER. P7 : COPY OF THE PURCHASE CERTIFICATE NO.56 OF 1984 OF LAND TRIBUNAL AGALI DATED 21/06/1984. P8 : COPY OF PURCHASE CERTIFICATE NO.53/1984 ISSUED IN THE NAME OF THE 8TH PETITIONER BY THE AGALI LAND TRIBUNAL DATED 21/06/1984. P9 : COPY OF PURCHASE CERTIFICATE NO.55/1984 DATED 21/06/1984 IN RESPECT OF THE 9TH PETITIONER. P10 : COPY OF THE COMMUNICATION RECEIVED FROM THE TALUK OFFICE, MANNARKKAD DATED 01/10/2009. P11 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 1ST PETITIONER. P12 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 2ND PETITIONER. P13 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 3RD PETITIONER. WPC NO.23028/2009 P14 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 4TH PETITIONER. P15 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 5TH PETITIONER. P16 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 6TH PETITIONER. P17 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 7TH PETITIONER. P18 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 8TH PETITIONER. P19 : COPY OF THE RUBBER PLANTATION DEVELOPMENT SCHEME PERMIT ISSUED BY THE RUBBER BOARD TO THE 9TH PETITIONER. RESPONDENT'S EXHIBITS ANNEXURE R2(a) : COPY OF LETTER NO.RGI-05/8435/9 DATED 18/09/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23028 of 2009 (W) --------------------------------- Dated, this the 22nd day of October, 2010 J U D G M E N T Petitioners submit that they are in ownership and possession of 33.05 acres of land situated in survey No.2277/ part of Agali Village in Palakkad District. According to the petitioners, when the land was in the possession of their predecessors in interest, on the implementation of the Kerala Private Forest (Vesting and Assignment) Act, 1971, when proceedings were initiated by the Forest Authorities, their predecessors in interest had approached the Forest Tribunal, Palakkad by filing O.A.Nos.25 to 28 of 1978. It is their case that the Tribunal allowed the applications and exempted the land from the provisions of the Vesting Act, and that the said order has become final. 2. Subsequent to that, the petitioners purchased the land, and in 1984, they also obtained Exts.P1 to P9 purchase WP(C) No.23028/2009 -2- certificates from the Land Tribunal, Agali. It is stated that with the permissions from the Rubber Board as evidenced from Exts.P11 to P19, they planted the land with rubber and they developed the whole land into a full fledged rubber estate. It is stated that they enjoyed the land and on maturity of the rubber, they even slaughter tapped the rubber trees. 3. It is stated that thereafter in order to replant the area with fresh species of rubber saplings, when steps were taken to cut and remove the rubber trees, the Forest Authorities raised objections on the ground that the purchase certificates, on the strength of which the petitioners possessed the land, were bogus. It was thereupon that the writ petition has been filed by them mainly praying that the respondents shall not obstruct their legitimate activities in the land. 4. A statement dated 22/08/2009 has been filed by the respondents. In the statement so filed, the contention raised is that Exts.P1 to P9 purchase certificates are included in the list of suspected bogus pattayams obtained in respect of WP(C) No.23028/2009 -3- forest lands. It is stated that the Government had appointed Deputy Collector (LR), Malappuram as Special Officer to study and make a thorough investigation into the purchase certificates issued by the Land Tribunal in respect of vested forest areas of Malappuram and Palakkad Districts. It is also stated that a total of 1424 pattayams were suspected to be bogus, and that the verification process by the Revenue Department was going on. 5. When this statement was filed, the petitioners have produced Ext.P10, a list of pattayams, and contended that the genuineness of Exts.P1 to P9 purchase certificates have already been verified and the genuineness of these pattayams have been confirmed by the Revenue Authorities. When this document was produced by the petitioners, the respondents filed an additional statement dated 11/11/2009 producing Annexure R2(a), a letter dated 18/09/2009 issued by the District Collector, Palakkad, to the Divisional Forest Officer, Mannarkkad. This letter is stated to be the covering letter to WP(C) No.23028/2009 -4- Ext.P10. In this letter, the District Collector has stated that the genuineness of 1136 pattayams, which are mentioned in Ext.P10 and which includes Exts.P1 to P9 at serial Nos.1117 to 1127, have been verified with the records of the office of the Special Tahsildar (Land Revenue), Ottappalam and have been found to be issued from the Land Tribunal. It is also stated that the Divisional Forest Officer shall verify the lands in respect of which these pattayams are issued and if the lands are not forest lands, NOCs can be issued. 6. Thus a combined reading of Ext.P10 and Annexure R2 (a), which is the covering letter issued by the District Collector, Palakkad, shows that the genuineness of Exts.P1 to P9 purchase certificates stands confirmed on an enquiry made by the Revenue Authorities. Therefore, all that is now required to be done is that the Forest Authorities should inspect the lands possessed by the petitioners and if it is found that the lands are not forest lands now, the Forest Authorities shall issue NOCs enabling the patta holders to carry out their WP(C) No.23028/2009 -5- legitimate activities. 7. Therefore, this writ petition is disposed of directing that the 1st respondent to whom Annexure R2(a) is issued shall verify the lands possessed by the petitioners on the strength of Exts.P1 to P9 purchase certificates, and on such inspection, if the lands possessed by the petitioners are found to be not forest lands but is found to be a rubber plantation as claimed by the petitioners, it is directed that the Divisional Forest Officer shall issue NOCs enabling the petitioners to carry out their legitimate agricultural activities in the lands covered by Exts.P1 to P9 purchase certificates. It is directed that this process shall be completed by the Divisional Forest Officer as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. The petitioners shall produce a copy of this judgment before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg