IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 OP.No. 31094 of 2000(B) ----------------------- PETITIONER: ------------ GEMINI PLANTATIONS, PUTHENVEETTIL, AYARKKUNNAM, KOTTAYAM, REP. BY ITS MANAGING PARTNER P.C.JAMES. BY ADV. SRI.N.SUKUMARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DIVISIONAL FOREST OFFICER, NENMARA FOREST DIVISION, PALAKKADU. 3. RANGE OFFICER, KOLLENKODE FOREST RANGE, KOLLENKODE.P.O., PALAKKADU DISTRICT. BY SPL.GOVT.PLEADER (FOREST) SRI.M.P.PRAKASH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/09/2008, THE COURT ON 03/09/2008 DELIVERED THE FOLLOWING: ORDER IN CMP NO.52813/2000 & I.A. NO.13503/2007 IN O.P. 31094/2000 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 3.9.2008 SD/-(V.K.MOHANAN, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LEASE DEED DT.26.3.1962. P2: TRUE COPY OF COMPROMISE DECREE IN O.S. 1/1964 ON THE FILE OF SUB COURT, PALAKKAD DT.23.8.66. P3: TRUE COPY OF ASSIGNMENT DEED DT.15.7.77 IN FAVOUR OF THE PETITIONER. P4: TRUE COPY OF DEED OF RENEWAL IN FAVOUR OF THE PETITIOENR DT.22.3.1997. P5: TRUE COPY OF BASIC TAX RECEIPT DT.30.10.2000. P6: TRUE COPY OF RECEIPT FOR PAYMENT OF PLANTATION TAX DT.16.8.2000. P7: TRUE COPY OF RECEIPT FOR PAYMENT OF RENT ISSUED BY THE RECEIVER IN O.S. 1/1964 OF THE SUB COURT, PALAKKADU DT.17.1.96. P8: TRUE COPY OF SALE DEED DT.23.9.2004. P9: TRUE COPY OF SALE DEED DT.8.5.2007. RESPONDENT'S EXHIBITS: R2(a): PHOTOCOPY OF PROCEEDINGS ORDER NO.1389/91 DT.7.12.1991 OF THE TAHSILDAR, CHITTOOR. R2(b): TRUE OCPY OF NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DT.19.9.2000. R2(c): TRUE COPY OF ORDER DT.10.1.2003 IN I.A. 8/2003 IN IA 953/1974 IN O.S. NO.1/1964 OF THE HON'BLE DISTRICT JUDGE, PALAKKAD. R2(d): TRUE COPY OF COMMON JUDGMENT DT.13.11.2006 IN O.P. NO.10145/2003 OF THE HON'BLE HIGH COURT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... O.P. No.31094 of 2000 .................................................................... Dated this the 3rd day of September, 2008. JUDGMENT Ramachandran Nair, J. The O.P. is filed apprehending notification of petitioner's land under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act. The Government Pleader has along with counter affidavit produced Notification dated 19.9.2000 covering 60 hectares of land stated to be belonging to the petitioner. Section 19(3)(b) of the Act gives jurisdiction to the Custodian to decide disputes between land owners and the department. If the Custodian's decision is against the petitioner, the petitioner has a right of appeal under Section 10 of the Act to the Tribunal constituted under the Act. Similar cases are disposed of by this court directing the parties to approach the Custodian through an application under Section 19(3)(b) of the Act. Following the said judgment in O.P. No.7993/2001 and W.P.(C) No.29049/2007 we dispose of this O.P. also leaving freedom to the petitioner to raise all objections against the Notification before the Custodian under Section 19(3)(b) of the Act along with copy of this judgment. The petitioner is directed to approach the Custodian within one 2 month from date of receipt of copy of this judgment. The Custodian is directed to make physical verification of the conditions of land and conduct enquiry, issue notice to the petitioner and decide the matter through a speaking order within a period of four months from now. In between, there will be direction to the respondents not to dispossess the petitioner from the property involved, if petitioner is in possession of the land. If petitioner has any surviving grievance against the order of the Custodian, petitioner can approach the Tribunal through appeal under Section 10 of the Act. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms