IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 20326 of 2009(I) -------------------------- PETITIONER(S): --------------- K.SUBRAMANIAN, S/O.LATE K.S.NAMBOOTHIRIPPAD, KOZHISSERY MANA, SHORNUR. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, PALAKKAD. 3. THE TAHSILDAR, TALUK OFFICE, OTTAPPALAM. BY SPECIAL GOVERNMENT PLEADER MR.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.20326 of 2009 ---------------------------------------- Dated this the 26th day of August, 2009. JUDGMENT The petitioner claims to be the owner of land having an extent of 3.85 Acres in Survey No.1/1 and 1/5 of Shornur I Village, Chiramannur Desom of Ottappalam Taluk. He claims to have derived the same from his father. Thereafter, basic tax in relation to the said property was being remitted by the petitioner's father and accepted. Exts.P3 and P4 series tax receipts show that the petitioner has paid tax. He claims to be in possession of the property. 2. Recently, forest officials made an attempt to interfere with his possession and hence this writ petition, seeking appropriate directions to the respondents not to interfere with the peaceful enjoyment of the property by the petitioner. 3. A statement has been filed by the respondents contending that the land claimed by the petitioner forms part of Anthimalankadu Bit I comprised W.P.(C).No.20326 of 2009 :: 2 :: in Shornur I, II and Ongallur II Villages. Ext.R2(a) is a notification. The said area is covered by Notification No.D-1383/77. Certain survey numbers were omitted and there is proposal for issuance of an erratum notification. The said erratum notification has not been issued so far. But, it is claimed that the land is vested in the Government. Now, the erratum notification has been prepared and submitted to the higher authorities. 4. A reply affidavit has been filed by the petitioner. 5. According to the respondents issuance of a notification is not necessary for the land to be treated as private forest. This is a case where there has been a notification, but the land in question has not been included therein. I am of the view that in the circumstances since disputed questions of fact inter alia involving the petitioner's possession and the nature of the property are involved, it is appropriate that the petitioner approaches the Forest Tribunal under the W.P.(C).No.20326 of 2009 :: 3 :: Kerala Private Forests (Vesting and Assignment) Act, 1971. 6. In the result, if the petitioner approaches the Tribunal within four weeks from today with an application under Section 8 of the Act, asserting title to the property mentioned herein and/or also claiming exemption, as the case may be, the said application shall be considered by the Tribunal, in accordance with law and appropriate decision taken. If the application is filed within four weeks, then it shall be treated as filed within time. Status quo as on today shall be maintained for a period of two months and thereafter, the parties shall abide by the interim orders, which the Tribunal may pass. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge