IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 35346 of 2010(P) -------------------------------------- PETITIONERS: --------------------- 1. VARGHESE, S/O.JOSEPH, PALIYATH HOUSE, MARAYOOR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANTHONIRAJ, AGED 44 YEARS, S/O.THANKAYYA, THANKAIAL HOUSE, PALLANAD KARA, MARAYUR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. S.K.BAKTHAVALSALAM, S/O.KALIAPPAN, KARAYOOR KARA, KEEZHANTHUR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANTHONIRAJ, AGED 44 YEARS, S/O.THANKAYYA, THANKAIAL HOUSE, PALLANAD KARA, MARAYUR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 3. SELVARAJ, S/O.SUBRAMANIAM PILLAI, MARAYOOR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ANTHONIRAJ, AGED 44 YEARS, S/O.THANKAYYA, THANKAIAL HOUSE, PALLANAD KARA, MARAYUR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADVS.SRI. K.T. SHYAM KUMAR, SRI.P.SREEKUMAR. RESPONDENTS: ------------------------ 1. THE CHIEF CONSERVATOR OF FOREST, KOTTAYAM CIRCLE, KOTTAYAM, PIN – 686 001. 2. THE DIVISIONAL FOREST OFFICER, MARAYOOR, IDUKKI DISTRICT. R1 & R2 BY SPL. GOVT. PLEADER SRI. P.M.PAULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35346/2010-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(MS).NO.126/73/AD. DTD. 03/04/1973. EXT.P.2: COPY OF THE REGISTERED POWER-OF-ATTORNEY NO.171/2005 OF DEVIKULAM SRO EXECUTED BY THE P.1. EXT.P.3: COPY OF THE REGISTERED POWER-OF-ATTORNEY NO:213/2004 OF DEVIKULAM SRO EXECUTED BY THE P.2. EXT.P.4: COPY OF THE REGISTERED POWER-OF-ATTORNEY NO: 146/2005 OF DEVIKULAM SRO EXECUTED BY THE P.3. EXT.P.5: COPY OF THE AGREEMENT DTD. 28/10/2008 ENTERED INTO ON BEHALF OF THE P.1. WITH THE R.2. EXT.P.6: COPY OF THE AGREEMENT DTD. 25/11/2005 ENTERED INTO ON BEHALF OF THE P.2. WITH THE R.2. HEREIN. EXT.P.7: COPY OF THE AGREEMENT DTD. 26/06/2006 ENTERED INTO ON BEHALF OF THE P.3. WITH THE R.2. HEREIN. EXT.P.8: COPY OF THE LETTER DTD 22/10/2008 ISSUED BY THE SUB COLLECTOR, DEVIKULAM TO THE R.2. EXT.P.9: COPY OF THE LETTER DTD. 16/02/2005 ISSUED BY THE RDO, DEVIKULAM TO THE DFO, MUNNAR. EXT.P.10: COPY OF THE LETTER DTD. 30/06/2005 ISSUED BY THE RDO, DEVIKULAM TO THE DFO, MUNNAR. EXT.P.11: COPY OF THE BILLS DRAWN BY THE RESPONDENTS IN RESPECT OF AMOUNTS PAYABLE TO THE P.1. EXT.P.12: COPY OF THE BILLS DRAWN BY THE RESPONDENTS IN RESPECT OF AMOUNTS PAYABLE TO THE P.2. EXT.P.13: COPY OF THE BILLS DRAWN BY THE RESPONDENTS IN RESPECT OF AMOUNTS PAYABLE TO THE P.3. EXT.P.14: COPY OF THE LETTER DTD. 09/01/2011 ISSUED BY THE R.2. TO THE RDO, DEVIKULAM. EXT.P.15: COPY OF THE LETTERS DT.D 10/03/2011 ISSUED BY THE SUB COLLECTOR, DEVIKULAM TO THE R.2. EXT.P.16: COPY OF THE REVENUE RECORDS MAINTAINED DURING THE PRE- INDEPENDENCE TIME BY THE STATE OF TRAVANCORE PERTAINING TO PROPERTY MEASURING 17 ACRES AND 98 CENTS IN OLD SY.NO:289/1 OF KEEZHANTHUR VILLAGE. EXT.P.17: COPY OF THE EXTRACT OF THE BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OWNED BY THE P.2. EXT.P.18: COPY OF THE EXTRACT OF THE TANDAPER REGISTER PERTAINING TO THE PROPERTY OWNED BY THE P.2. W.P.(C). NO.35346/2010-P: EXT.P.19: COPY OF THE BASIC TAX RECEIPT EVIDENCING PAYMENT OF BASIC TAX BY THE P.2. IN RESPECT OF HIS PROPERTY FOR THE YEAR 2010-2011. EXT.P.20: COPY OF THE LOCATION SKETCH PREPARED BY THE TALUK SURVEYOR IN RESPECT OF THE PROPERTY OWNED BY THE P.1. EXT.P.21: COPY OF THE LOCATION SKETCH PREPARED BY THE TALUK SURVEYOR IN RESPECT OF THE PROPERTY OWNED BY THE P.2. EXT.P.22: COPY OF THE LOCATION SKETCH PREPARED BY THE TALUK SURVEYOR IN RESPECT OF THE PROPERTY OWNED BY THE P.3. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE PROCEEDINGS NO:B3 142/2004 DTD. 09/12/2004 OF TAHASILDAR, DEVIKULAM. EXT.R2.B: COPY OF THE ORDER NO:B5-1019/10 DTD. 06/08/2010 THE REVENUE DIVISIONAL OFFICER, DEVIKOLAM. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 35346 OF 2010 ----------------------------------------------------- Dated this the 31st day of August , 2011 J U D G M E N T Petitioners claim to be the owners of properties situated in different survey numbers situated in Marayur and Kizhanthoor Villages of Devikulm Taluk. According to the petitioners, there were sandal wood trees and its stumps in their properties. It is stated that on the basis of Exts.P5 to P7 agreements executed with the respondent, the trees and stumps were sold and in view of the provisions contained in Ext.P3 Government Order they are entitled to get 70% of the sale proceeds. 2. Grievance of the petitioners is that in spite of presentation of bills, on account of certain clarifications that were sought by the Divisional Forest Officer from the Revenue Divisional Officer, payment was not released. It is in these circumstances to get the payment expeditiously, W.P.(C) No. 35346 OF 2010 :2 : this writ petition is filed. 3. It is now submitted that during the pendency of this writ petition the RDO has clarified the position by Ext.P15 and that in view of Ext.P15 petitioners are entitled to get the bill amounts due to them realised. 4. I heard the counsel for the petitioners and also the learned Government Pleader in this behalf. Going by the averments in the writ petition the reason for non payment, according to the petitioners, is that the Divisional Forest Officer was awaiting clarification from the RDO. According to the petitioners the RDO has now clarified the position by Ext.P15. In that view of the matter, without expressing anything on the merits of the claim raised by the petitioners, the 2nd respondent shall consider the claim of the petitioners for payment of the bill amount and orders thereon shall be passed for disbursement of the amounts. W.P.(C) No. 35346 OF 2010 :3 : This shall be done at any rate within 8 weeks of production of a copy of this judgment. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge