IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 15509 of 2009(G) ------------------------------------- PETITIONER(S): ------------------------ 1. PESHUMKOTTIL GOPALAN, S/O.CHAMMUNI, THOLANUR AMSOM, ALTHUR TALUK, PALAGHAT DISTRICT. 2. PESHUMKOTTIL SIVAKUMARAN, S/O.CHAMMUNI, THOLANUR AMSOM, ALTHUR TALUK, PALAGHAT DISTRICT. 3. PESHUMKOTTIL RAJAN, S/O.CHAMMUNI, THOLANUR AMSOM, ALTHUR TALUK, PALAGHAT DISTRICT. BY ADV.MR.N.K.KARNIS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY OF THE GOVERNMENT FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIVISIONAL FOREST OFFICER, NENMARA, PALAGHAT. 3. FOREST RANGE OFFICER, ALATHUR FOREST OFFICE, PALAGHAT. 4. CONSERVATOR OF FORESTS, VESTED FORESTS, KOZHIKODE, CUSTODIAN OF VESTED FORESTS GOVERNMENT OF KERALA. BY SPL.GOVT. PLEADER MR.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 15509 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of August, 2009 JUDGMENT Petitioners are in possession of different extents of land in Thollanur Village, having derived the same from their father. They have been cultivating the said property. They refer to a partition which was effected in the year 1971, in this regard. They had approached the Forest Tribunal under the Kerala Private Forests (Vesting and Assignment) Act, 1971 by filing O.A. Nos. 195, 201 and 232 of 1979 for a declaration that the properties are not vested forest. By Ext.P1 their applications were allowed vide order dated 16-3-1981. This was confirmed by a Bench of this Court in M.F.A.No.425 of 1981, as per Ext.P2 judgment dated 22-9-1961. Recently, the petitioners allege further acts of violence by the forest officials. Hence, this writ petition. 2. The petitioners have since moved the Conservator of Forests, Kozhikode with these allegations. The learned Government Pleader points out that the Conservator of Forests in Palghat, the immediate superior authority of the respondents, is the competent authority to look into any allegations raised against respondents 2 and 3. The writ petition is disposed writ petition 15509/09 2 of directing the petitioners to file a comprehensive representation on the line of Ext.P4 before the Conservator of Forests, Palghat within three weeks from today. It shall be looked into and appropriate action shall be taken by the Conservator of Forests, Palghat within two months thereafter. V. GIRI, JUDGE. mn.