IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 OP.No. 33939 of 2000(M) ----------------------- PETITIONER: ------------------- A.PADMANABHA NAIK, S/O.CHIKKAPPA NAIK, NARODI HOUSE, P.O.PANDY, VIA. MULLERIA, KASARAGOD DISTRICT. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.SUNIL SHANKER RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF\ SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. THE FOREST CONSERVATOR, NORTH CIRCLE, KOZHIKODE. 4. THE DIVISIONAL FOREST OFFICER, KANNUR. 5. THE FOREST RANGE OFFICER, KASARAGOD. ADDL. 6. THE DISTRICT COLLECTOR, KASARAGOD DISTRICT. (ADDL.R6 IS IMPLEADED AS PEWR ORDER DTD. 25/7/08 IN O.P.33939/2000) GOVERNMENT PLEADER SRI M.R.SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.58039/2000 IN OP.NO.33939/2000 --------- Dismissed 8/1/2009 Sd/- HARUN-UL-RASHID, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 NOTICE ISSUED BY THE 5TH RESPONDENT DTD. 20/4/1993. EXT.P2 RENEWAL APPLICATION FILED BY THE PETITIONER DTD. 29/1/99. EXT.P2A COVERING LETTER OF THE PETITIONER DTD. 29/1/99. EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DTD. 5/5/1999. EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DTD.25./3/99. EXT.P5 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DTD. 22/11/2000. EXT.P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS COURT IN CMP.701/99 IN OP.NO.43/99. HARUN-UL-RASHID,J. --------------------------- O.P.NO.33939 OF 2000 ---------------------------- DATED THIS THE 8TH DAY OF JANUARY,2009 JUDGMENT Petitioner challenges Ext.P5 order by which the Divisional Forest Officer directed the petitioner to re-convey an extent of 7 acres of property within 15 days. Petitioner's grand- father was the original lessee. The lease was granted in his favour by the Government for a period of 50 years i.e. commencing from 1/3/1949. The extent of the property covered by the lease is 7 acres. After the lessee, his predecessors improved the property and planted arecanut and coconut trees, jack trees, mango trees, cashew trees etc. and enjoyed the property for the full period. After the expiry of 50 years, by Ext.P5 the Divisional Forest Officer informed the petitioner that the lease period is over and therefore directed to re-convey the land. 2. It is submitted by the learned counsel for the petitioner that the Divisional Forest Officer by Ext.P3 letter recommended to -2- O.P.No.33939/2000 the Forest Conservator that the lease can be renewed for a further period. Ext.P2(a) is an application for renewal of lease dated 29/1/1999. The Government is empowered to take a decision as to whether renewal shall be granted or not. The petitioner shall submit a petition stating the reasons before the Government for renewal of lease within a period of three weeks from today and the Government shall consider such petition and pass appropriate orders within a period of three months thereafter. The interim stay granted by this Court shall continue, till the disposal of the matter by the Government. Original Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- O.P.No.33939/2000