IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 30546 of 2008(J) ------------------------------------ PETITIONER(S): ----------------------- DR. POTHEN CYRIAC, S/O. LATE CYRIAC POTHEN, POWER OF ATTORNEY HOLDER OF SRI. SYRIAC ZACHARIAS POTHEN CHOICE GARDEN, B-22, VYTTILA, COCHIN-19. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUN KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHASILDAR, TALUK OFFICE, PALAKKAD TALUK, PALAKKAD DISTRICT. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, AKATHETHARA VILLAGE, AKATHETHARA, PALAKKAD DISTRICT. 4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, AKATHETHARA, PALAKKAD DISTRICT. 5. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, OLAVAKKODE, PALAKKAD. BY GOVERNMENT PLEADER SMT. M.R.SREELATHA ADV. SRI.P.P.THAJUDDIN, SC, K.S.E.B FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30546 of 2008(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF POWER OF ATTORNEY DATED 25.10.1997. EXT.P2 - TRUE COPY OF THE RUBBER PLANTATION DEVELOPMENT PERMIT NO. PD/PGT/338/82(A) DATED 21.04.1984. EXT.P3 - TRUE COPY OF THE POSSESSIONN CERTIFICATE NO. P.329/93 DATED 01.12.1993 ISSUED BY THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF TAX RECEIPT DATED 18.10.1993 ISSUED BY THE 3RD RESPONDENT. EXT.P5 - TRUE COPY OF THE LETTER NO. D1/4600/95(i) DATED 15.9.95 RECEIVED FROM THE 2ND RESPONDENT. EXT.P6 - TRUE COPY OF THE RESTORATION CERTIFICATE ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD DATED 30.10.98. EXT.P7 - TRUE COPY OF THE CERTIFIED SURVEY SKETCH ISSUED BY THE DIVISIONAL FOREST OFFICER PALAKKAD DATED 30.10.1998. EXT.P8 - TRUE COPY OF THE PETITION NO. PERS.226/2008 DATED 5.8.2008 FILED BEFORE THE 2ND RESPONDENT. EXT.P9 - TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT DATED 06.08.2008 BY THE 2ND RESPONDENT. EXT.P10 - TRUE COPY OF THE REMINDER LETTER NO. PERS/230/2008 DATED 4.9.2008 SENT AS RP/AD TO THE 2ND RESPONDENT. EXT.P11 - TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 5.9.2008 OF RECEIPT OF EXHIBIT P9 REMINDER LETTER BY THE 2ND RESPONDENT. // TRUE COPY // PS TO JUDGE rhs V.GIRI, J. ------------------------- W.P.(C).No.30546 of 2008 ------------------------- Dated this the 17th day of December, 2008. JUDGMENT The petitioner claims to be the power of attorney holder of his brother, and is stated to be managing a rubber plantation in his property. It seems that a portion of the land was subjected to slaughter tapping and it was replanted with rubber saplings and some areas with plantains and vegetables. The owner of the property sought for mutation and an application is pending in this regard as Ext.P8 before the Tahsildar. The petitioner makes a reference to Exts.P6 and P7 restoration certificates issued by the Divisional Forest Officer, in relation to the land in question, it having been found to be exempted from vesting as per the order in O.A.No.509/74 to 519/74 of the Forest Tribunal. 2. After having heard counsel on both sides, I am of the view that the Tahsildar may take a decision on Ext.P8. In the result, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's application for W.P.(C).NO.30546/08 :: 2 :: mutation [Ext.P8] and take a decision thereon within one month from the date of receipt of a copy of this judgment. If the Tahsildar passes an order for mutation, the petitioner shall produce the same before the Electricity Board, who shall forthwith proceed to act on the same. On production of the copy of the order of the Tahsildar, the 4th respondent shall take a decision on the petitioner's application for possession certificate within four weeks thereafter. Sd/- (V.GIRI) JUDGE sk/ //true copy//