IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 9351 of 2011(T) ------------------------- PETITIONER: --------------- K.C.CHACKO, AGED 60 YEARS, S/O.CHACKO, KARIAMPALLY HOUSE, KALLADIPETTA AMSOM, PERROKKARA DESOM, POST VADANAMKURUSSI, OTTAPPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: ---------------------- 1. CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS & CHIEF CONSERVATOR OF FORESTS (WILDLIFE), THIRUVANANTHAPURAM-695 014. 2. CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD PIN-678 002. 3. DIVISIONAL FOREST OFFICER, PALAKKAD, KALLEKULANGARA POST, PIN-678 009. 4. ASSISTANT DIRECTOR OF SURVEY, FOREST MINI SURVEY, KOZHIKODE, PIN-673 574. R1 TO R4 BY GOVT. PLEADER SRI. P.M. POULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.9351/2011 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – PHOTOCOPY OF SALE DEED No.1707/89 OF SRO, PATTAMBI. EXT.P2 – PHOTOCOPY OF THE PHOTOCOPY OF THE JUDGMENT IN MFA 105/78 DT. 28-05-1984 OF THIS HON'BLE COURT. EXT.P3 – PHOTOCOPY OF ORDER No.EFL6-974/2009 DT 25-03-2010 PASSED BY THE 1ST RESPONDENT. EXT.P4 – PHOTOCOPY OF THE LETTER DATED 10-05-2010 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P5 – PHOTOCOPY OF THE LETTER DATED 10-05-2010 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6 – PHOTOCOPY OF THE LETTER DATED 31-05-2010 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9351 OF 2011 --------------------------------------- Dated this the 14th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 3 and 4 to complete survey and demarcation of the petitioner's property within a specified time and to restore possession of the property in terms of Ext.P3 order. ii) Issue a writ of prohibition or other appropriate writ or direction restraining the forest officials from interfering the possession and enjoyment of the petitioner's property including tapping and slaughtering of Rubber trees standing in the petitioner's property, in any manner. iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The 3rd respondent has filed a counter affidavit pointing out the sequence of events including the exemption already given to the petitioner in respect of 4.90 acres of land out of the 2.9542 Hectares in survey No.104 in Ongallur I Village, Ottapalam Taluk, Palakkad District (for which the petitioner had got title) from the purview of the ecologically fragile land notified already. W.P.(C) No.9351/2011 2 3. The learned Special Government Pleader submits that, the remaining property stands to be ecologically fragile and the petitioner is not supposed to encroach into the said property, which stands vested with the Government or cut and remove any trees or plants situated therein. It is also stated that earnest efforts are being completed to pursue the survey and that the same will be completed within the shortest time. 4. After hearing both the sides, the Writ Petition is disposed of, directing the respondents to complete the survey proceedings as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of this judgment. It is made clear that no further activities shall be pursued by the petitioner in the property, till the survey proceedings are finalized as mentioned above. vdv P.R.RAMACHANDRA MENON, JUDGE