IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 24998 of 2008(A) -------------------------- PETITIONER: ------------ ABBAS.K, S/O. KOLARODIL KOYA KURUKKAL, KULARODE HOUSE, VAVULLPIDAM.P.O, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- 1. THE SUB REGISTRAR, ALATHUR SUB REGISTRY OFFICE, ALATHUR, PALAKKAD. 2. THE TAHSILDAR, ALATHUR, PALAKKAD. 3. THE VILLAGE OFFICER, THARUR -II VILLAGE, ATHIPOTTA, VAVULLIPADAM.P.O, ALATHR TALUK, PALAKKAD. 4. THE TALUK SURVEY OFFICER, ALATHUR, PALAKKAD. 5. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD. BY SPECIAL G.P. (FOREST) SHRI.RENJITH THAMPA, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.24998 of 2008 ================== Dated this the 29th day of August, 2008 J U D G M E N T The property described in Ext.P1 was adjudged to be vested with the Government under the Kerala Private Forests (Vesting & Assignment) Act, 1971. The applicant in Ext.P1 expired. The petitioner is one of the legal heirs of the applicant. The property was restored to the legal heirs pursuant to Ext.P1. The legal heirs wanted to sell the property to a prospective purchaser, for which the petitioner presented the sale deed for registration before the 1st respondent. The 1st respondent refused to accept the same for registration on the ground that, as per the Revenue records, the property still stands in the name of the Government as forest land. The petitioner submits that in so far as the Forest Tribunal had held that the property is not liable to be vested as forest land, the Revenue authorities are liable to change the Revenue records accordingly. The petitioner, therefore, seeks the following reliefs: “i) call for records relating to Exhibits P1 to P3; w.p.c.24998/08 2 ii) issue a writ of mandamus or other appropriate writ or order or direction directing respondent No.1 to register the sale deed in respect of the property covered in exhibits P1 to P3, without insisting for basic tax receipt and possession certificate thereon and other formalities in a time limit to be fixed by this Hon'ble Court.” 2. The learned Special Government Pleader (Forest) admits that the property has been excluded from the purview of the Kerala Private Forests (Vesting & Assignment) Act, 1971. He also admits that as on yesterday, the property in question has not been included as ecologically fragile land and therefore, the provisions of the Kerala Forest (Management of Ecologically Fragile Land) Act, would not be applicable to the property in question as of now. However, verification in respect of the same is going on, is the submission made by the Special Government Pleader. 3. Whatever that be, it is a fact that as per the Revenue records, the property still stands in the name of the Government of Kerala as forest land. Therefore, without getting the same appropriately corrected, I cannot direct the 1st respondent to register the sale deed as claimed by the petitioner. But in so far as, as on today there is no dispute regarding the fact that the w.p.c.24998/08 3 property belongs to the legal heirs of the applicant in Ext.P1, the petitioner is entitled to get the Revenue records corrected appropriately. Therefore, if the petitioner files an application for correction of the Revenue records before the 2nd respondent, the 2nd respondent shall take appropriate action in the matter, as expeditiously as possible, at any rate, within one moth from the date of receipt of the application. The petitioner would be free to re-present the sale deed for registration after correction of the revenue records in which case the 1st respondent shall take approrpaite action in accordance with law without any further delay. The petitioner shall produce a copy of the writ petition and a certified of this judgment along with the application for correction of the revenue records before the 2nd respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24998/08 4