IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23332 of 2011(N) ---------------------------------------- PETITIONER(S): ---------------------- N.S. BAIYA, 9/23 SENGUPTHA STREET RAM NAGAR, COIMBATORE-9. BY ADV. SRI.B.KRISHNAN, SRI.R.PARTHASARATHY, SMT.SEEMA. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT , GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, PALAKKAD-678 001. 3. THE REVENUE DIVISIONAL OFFICER OTTAPALAM-679 101. 4. THE VILLAGE OFFICER KOTTATHARA P.O., KOTTATHARA-678 581. R1 TO R4 BY GOVT. PLEADER SMT.M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23332 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF PURCHASE NO.23/37/1975 FROM THE LAND TRIBUNAL. EXT.P2: COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER TO THE PETITIONER. EXT.P2(a): COPY OF THE LOCATION SKETCH PLAN. EXT.P2(b): COPY OF THE LOCATION CERTIFICATE. EXT.P3: COPY OF THE LATEST REVENUE RECEIPT. EXT.P4: COPY OF THE O.A.66/1978 FILED BEFORE THE FOREST TRIBUNAL, MANJERI. EXT.P5: COPY OF THE JUDGMENT IN O.P. NO. 11730/1998. EXT.P6: COPY OF THE CERTIFICATE ISSUED BY THE FOREST DEPARTMENT FOR TRANSFERRING POSSESSION TO THE PETITIONER. EXT.P7: COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 13/05/2010. EXT.P8: COPY OF THE ANOTHER APPLICATION FILED BY THE PETITIONER FOR CORRECTING THE VILLAGE REGISTER AND SHOWING THE NAME OF THE PETITIONER AS THE OWNER OF THE LAND INSTEAD OF GOVERNMENT. EXT.P9: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL FOREST OFFICER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23332 OF 2011 ----------------------------------------------------- Dated this the 26th day of August , 2011 J U D G M E N T Petitioner claims to be the owner in possession of 4.03 hectares of land in Sy.No.353/Part in Kottathara Village in Palaghat District. Subsequently, the petitioner obtained Ext.P1 purchase certificate from the land Tribunal, Pudur. 2. When the Forest authorities took the stand that the land is a vested forest, petitioner approached the Forest Tribunal, Manjeri by filing OA 66/1978 in which the Tribunal passed Ext.P4 order holding that the land is not a vested forest. 3. Subsequently, complaining that inspite of Ext.P4 order of the Tribunal the land was not restored, the petitioner approached this court by filing O.P. 11730/1998. That case was disposed of by Ext.P5 judgment directing restoration of the land. Accordingly, the land was also restored. Ext.P6 is the receipt. After the land was W.P.(C) No. 23332 OF 2011 :2 : restored to the petitioner, he was paying tax in respect of the property through out. 4. Recently the petitioner approached the 4th respondent seeking details of the fair value of the property. Thereupon he was told that in the Village records the property was shown as Government property. Immediately the petitioner submitted Exts.P7 and P8 to the 3rd respondent requesting to make necessary corrections in the village records. As orders have not been passed on this request, this writ petition is filed. 5. In my view it is for the 3rd respondent to deal with the matter. Therefore I dispose of the writ petition directing the 3rd respondent to consider and pass orders on Exts.P7 and P8 in the light of other documents with notice to the petitioner. This shall be done at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE ul/-