IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 24606 of 2008(D) -------------------------- PETITIONER(S): --------------- K.VELAYUDHAN, S/O.KESAVAN, ODIVINKADU, PALATHARA, THOLANNUR.P.O, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. TAHSILDAR, ALATHUR. 2. DIVISIONAL FOREST OFFICER, NENMARA. 3. THE CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE, PALAKKAD. GOVERNMENT PLEADER SRI.P.M. POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24606 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DECREE PASSED IN O.S.83/2004 DATED 29.11.2004 PASSED BY THE MUNSIFF COURT, ALATHUR EXT.P2- TRUE COPY OF THE DELIVERY ACCOUNT AND THE ENDORSEMENT IN THE DELIVERY WARRANT EXT.P3- TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE ADDITIONAL TAHSILDAR, ALATHUR, DATED 28.5.2006 EXT.P4- TRUE COPY OF THE COMMUNICATION FROM DIVISIONAL FOREST OFFICER DATED 11.12.2007 EXT.P5- TRUE COPY OF THE ORDER IN O.A.4/2000 DATED 27.4.2002 PASSED BY FOREST TRIBUNAL, KOZHIKODE EXT.P6- TRUE COPY OF THE BASIC TAX REGISTER EXTRACT ISSUED BY THE KUTHANUR II VILLAGE EXT.P7- TRUE COPY OF THE REPORT DATED 24.8.2011 OF THE ADVOCATE COMMISSIONER EXT.P8- TRUE COPY OF THE PLAN OF THE PROPERTY ALONG WITH REPORT EXT.P9- TRUE COPY OF THE REPORT DATED 28.7.2000 OF THE ADVOCATE COMMISSIONER EXT.P10- TRUE COPY OF THE E.P.72/2009 BEFORE THE ALATHUR MUNSIFF COURT EXT.P11- TRUE COPY OF COMMUNICATION DATED 8.7.2010 FROM THE DIVISIONAL FOREST OFFICER TO THE PETITIONER EXT.P12- TRUE COPY OF THE STATEMENT DATED 3.1.2010 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, ALATHUR (True Copy) P.A. To Judge ANTONY DOMINIC, J ........................................ W.P.(C).24606/2008 ........................................ Dated this the 11th day of July, 2011 JUDGMENT Petitioner was the applicant in O.A.4/2000 on the file of the Forest Tribunal, Kozhikode. Ext.P5 is the order passed by the Tribunal exempting the land. A schedule of the property contained in Ext.P5 reads as under:- Property situated in Palakkad District, Alathur Taluk, Tholanur amsom, Tholanur desom of Tholanur Village Extent Ac Cent Boundaries Chettiyangad Paramba Southern Portion Survey No.221/3 Survey No.221/8 Survey No.221/9 Survey No.221/10 Survey No.220/11 Total 5 acres 08 cents Amended as per order in I.A.404/2000 dated 17.11.2000 0.66 3.76 0.24 0.17 0.25 East:- Palliyal of South:- Chembanchola nilam converted into paramba and Chathiyangad paramba West:- Portions of properties re-leased from Forest Department ion O.A 946/75, 947/75, 948/75 and properties of Chokkath Madhavi Amma North:- Portions of properties re-leased from Forest Department in O.A.946/75, 947/75 & 948/75. W.P.(C).24606/08 2 2. Seeking a mandatory injunction to the respondents to restore the land, petitioner filed O.S.No.83/2004 before the Munsiff Court, Alathur, and the Suit was decreed as per Ext.P1. The decree was executed by filing E.P.105/2005 and the property was also delivered. Subsequently, petitioner applied for a sketch of the property and other records for effecting mutation. That request of the petitioner was not considered and therefore, the writ petition is filed with the following prayers:- (i). Issue a writ in the nature of mandamus commanding the respondents 2 and 3 to issue sketch, acknowledgment and other relevant records for the purpose of effecting mutation of the property forming part of O.A.4 of 2000 before the Forest Tribunal, Kozhikode and delivered as per Ext.P1 Decree by the Munsiff Court, Alathur. (ii). Issue a writ in the nature of Mandamus commanding the 1st respondent to receive the Land Tax in respect of the properties covered by Ext.P1 Decree and P5 Order and also issue a possession certificate to the petitioner in respect of the properties forthwith. W.P.(C).24606/08 3 3. In the counter affidavit filed on behalf of respondents 1 and 2, it is stated thus:- “On verifying the surveyed sketch, it is seen that the Assistant Director of Survey has surveyed the land in Survey No.221/3 pt, 8pt, 9, 10, 11 of Kuthanur-II Village against 221/3, 8, 9, 10 & 220/11 as per the judgment dated 27.4.2022 in O.A.4/2000. The Assistant Director of Survey has also informed that since the areas as per the O.A Schedule is not in possession of the applicant the variations seen in the extent of the areas cannot be rectified. The matter was again referred to th Assistant Director of Survey with request to survey the land with actual survey nos. as per the O.A. Schedules. Accordingly the Assistant Director of Survey has surveyed the land in Sy.No.221/38, 9, 10 and sent the survey sketch and fair area list vide letter No.B2-50/07 dated 14.7.08 of Assistant Director of Survey, Forest Mini Survey, Kozhikode (Ext.P2). The Assistant Director of Survey has reported that there is no sub Division No.as 11 to Sy.No.220 in the field. As the Survey No.220/11 is not existing in Kuthanur Village, the extent specified in O.A. Schedule cannot be restored. Hence the actual extent to be restored to the petitioner as per the survey W.P.(C).24606/08 4 sketch by the Assistant Director of Survey, Forest Mini Survey, Kozhikode is only 1.5020 Ha. 4. When the matter was taken up for consideration, the learned counsel for the petitioner submits that the petitioner will be satisfied if documents are issued excluding the land, in survey No.220/11, mentioned in paragraph 5 of the counter affidavit filed on behalf of respondent 1 and 2. It is stated that if such documents are issued, petitioner is willing to accept the same in full and final settlement of all his claims. 5. In view of the submission thus made by the learned counsel for the petitioner, I dispose of this writ petition directing that the documents as sought for by the petitioner, will be issued excluding the land in Survey No.220/11 mentioned in paragraph 5 of the counter affidavit, referred to above. This shall be done as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs