IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 25086 of 1999(J) ----------------------- PETITIONERS: ---------------- 1. KUNNAPPALLIL GARVASIS DOMMINI, URUPPUMKUTTY, ANGADIKKADAVU, P.J. VARGHESE, S/O. JOSEPH, PLAMMOOTTIL, URUPPUMKUTTY. 2. KUNNAPPALLIL DOMINI GARVASIS, URUPPUMKUTTY ANGADIKKADAVU, KANNUR DISTRICT. 3. KUNNAPPALLIL GARVASIS CHACKO, URUPPUMKUTTY, ANGADIKKADAVU, PETITIONERS 2 AND 3 REP. BY THEIR P.A. HOLDER JOSEPH PAINGOTTU, S/O. KURIAKKOSE, AYYAMKUNNU, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES RESPONDENTS: ------------------- 1. DIVISIONAL FOREST OFFICER, (DFO), KANNUR. 2. FOREST RANGE OFFICER, KUTHUPARAMBA. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.R. SABU FOR R1-R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 25086 of 1999 ORDER ON C.M.P.NO.42196 OF 1999 IN O.P.NO.25086 OF 1999 DISMISSED 15.9.2008. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE ORDER IN O.A. NO.406/71 PASSED BY THE LAND TRIBUNAL DATE4D 30.11.1971. EXT.P2: COPY OF THE ORDER PASSED BY THE LAND TRIBUNAL IN O.A. NO.404/71 DATED 27.9.1971. EXT.P3: COPY OF THE ORDER PASSED BY THE LAND TRIBUNAL IN O.A.NO.405/71 DATED 27.9.1971. EXT.P4: COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE 1ST PETITIONER BY NO.1179/71 DATED 30.11.1971. EXT.P5: COPY OF THE PURCHASE CERTIFICATE NO.937/71 ISSUED BY THE 2ND PETITIONER DATED 7.9.1972. EXT.P6: COPY OF THE PURCHASE CERTIFICATE NO.939/71 ISSUED BY THE 3RD PETITIONER DATED 7.9.1972. EXT.P7: COPY OF THE PETITION FILED BY THE FIRST RESPONDENT DATED 7.8.1999. EXT.P8: COPY OF THE REPLY ISSUED BY THE FIRST RESPONDENT DATED 25.9.1999. EXT.P9: COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.655/89 RD DATED 31.8.1989. EXT.P10: COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)172/92 RD DATED 3.3.1992. RESPONDENTS' EXHIBITS: EXT.R1(a): PHOTOSTAT EXTRACT OF NOTIFICATION DATED 8.7.1977 ISSUED BY THE CUSTODIAN OF VESTED FORESTS, WITH PAGE NOS.1 & 4 OF THE SCHEDULE. EXT.R1(b): PHOTOSTAT EXTRACT OF THE PRESS REPORT AND THE PHOTOGRAPH IN THE HINDU DAILY DATED 5.10.1999. EXT.R1(c): PHOTOSTAT COPY OF THE PLAINT DATED 19.5.1998 IN O.S.NO.265/98 OF THE MUNSIFF'S COURT, KUTHUPARAMBA. EXT.R1(d): TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 5.3.1999 IN O.S.NO.265/98 OF THE MUNSIFF'S COURT, KUTHUPARAMBA. EXT.R1(E): TRUE PHOTOSTAT COPY OF THE DECREE DATED 5.3.1999 IN O.S.NO.265/98 OF THE MUNSIFF'S COURT, KUTHUPARAMBA. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 25086 OF 1999 ---------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT The petitioners claim to be the owners in possession of certain properties. In respect of those properties, the petitioners seek the following reliefs: “(a) declare that the Forest Officials are having no authority or jurisdiction under any law presently prevailing in the State to interfere with the peaceful enjoyment and cultivation of the petitioners of the land held as per Exts.P4, P5 and P6 respectively. (b) direct the respondents not to obstruct or harass the petitioners or his families from carrying on agricultural operations in their land; (c) To quash Ext.P8 by issuing a writ of certiorari.” A reading of the reliefs themselves would show that in order to decide the issues involved, it would be necessary to take evidence. That being so, the proper forum for the petitioners to agitate this issue is the Civil Court. Therefore, without prejudice to that right, this original petition is dismissed. S. SIRI JAGAN, JUDGE Acd