IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 OP.No. 31286 of 2001(Y) --------------------------------- PETITIONER: ------------------ THE ROMAN CATHOLIC DIOCESE OF CALICUT, REP.BY ITS PROCURATOR REV. FR. JUSTINE OLLATTUPURAM, MALAPPURAM CALICUT 9. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ----------------------- 1. STATE OF KERAFED, REP.BY SECRETARY TO GOVERNMENT, WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONSERVATOR AND CUSTODIAN OF VESTED FORESTS, OLAVAKODE CIRCLE, OLAVAKODE. 3. THE DIVISIONAL FOREST OFFICER, WAYANAD DISTRICT. R1 & R3 BY SPL. GOVERNMENT PLEADER SRI.RANJITH THAMPAN (FOREST) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.50946/2001 ORDER ON CMP. NO.50946/2001 IN OP. NO.31286/2001 DISMISSED 21.1.2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER IN OA. 76/1975 OF THE FOREST TRIBUNAL, KOZHIKODE. EXT.P2:- COPY OF THE NOTIFICATION NO.B6-13762/93 DT. 4.5.01 ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE ORDER IN CMP. NO.31351/2001 IN OP. NO.19351/2001 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS EXT.R2(a):- COPY OF THE NOTIFICATION NO.D.5272/77 DT. 8.7.1977. EXT.R2(b):- COPY OF THE NOTIFICATION NO.B6-13762/93 DT. 4.5.01. EXT.R2(c):- COPY OF THE PAPER PUBLICATION. /TRUE COPY/ P.A. TO JUDGE tss K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.31286 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2008 JUDGMENT Petitioner approached this court challenging Ext.P2 notification and seeks an injunction restraining the respondents and their subordinates from interfering with the petitioner's peaceful possession and enjoyment of the properties mentioned in Ext.P2 notification. 2. Case of the petitioner in brief is as follows: Petitioner filed O.A before the Forest Tribunal. The Tribunal was pleased to grant declaration under Section 3(3) of the Private Forests (Vesting and Assignment) Act in respect of 60 acres of land. Both the State and the petitioner filed appeals. This court disposed of the appeals by limiting the area to which the petitioner is entitled to get exemption as 16.83 acres. The State has preferred Special Leave Petition No.17843 of 2003, which has been admitted and pending consideration before the Apex Court. It is while so, Ext.P2 notification has been issued pending the M.F.A. 3. In the counter affidavit, it is stated as follows: “It is true that Ext.R2(b) has been published by the Custodian exercising his powers. The 4Ha specified in the O.P. 31286/2001. 2 notification forms part of the 90 Acre Vested Forest. So the averment that the 4 Ha notified is unjust and improper is totally false. The Notification is actually published as per the provisions of the Act. The averment that the custodian has no jurisdiction or authority to issue such a notification is totally incorrect. The statement that the notification is hopelessly time barred is also false and denied. The notification Ext.R2(b) of 4 Ha of Vested Forest is in accordance with law and is not over reaching the decision of the Tribunal. The said 4 Ha is also Vested Forest as on 10.5.1971 and hence the present notification is issued.” 4. Heard learned counsel for the petitioner and the learned Special Government Pleader Sri. Ranjith Thampan. Sri. Ranjith Thampan would also obtained oral instructions and he submits that the notification in question related to the property which was part of 90 acres, which is the subject matter of the appeals before this court. Recording this submission, the writ petition is closed. (K.M. JOSEPH, JUDGE) sb O.P. 31286/2001. 3 K.M. JOSEPH, J. ------------------------------------- O.P. No. 31286 of 2001 ------------------------------------- JUDGMENT 21.1.2008