IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 OP.No. 11653 of 1998(K) ------------------------------------ PETITIONER: -------------------- ACHUTHAN NAIR, S/O.THAYU AMMA, THEKKETHIL HOUSE, VARMANOODU, P.O.KANJIRAPUZHA, PALAKKAD DISTRICT, PIN – 678 591. *ADDL.P2 TO P9 ARE IMPLEADED: P2. VESU AMMA, W/P.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (P.O.), PALAKKAD DISTRICT. P3. T.VIJAYAKUMARAN, S/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. P4. T.RAMARAJ, S/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. P5. SANTHA.T., S/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. Kss ..2/- ...2.... O.P.NO.11653/1998 K P6. BABU.T., S/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. P7. MALLIKA.T., D/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. P8. T.VENUGOPALAN, S/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. P9. SREEJA, D/O.LATE ACHUTHAN NAIR, THEKKETHIL HOUSE, KANJIRAPUZHA (PO.), PALAKKAD DISTRICT. *(ADDL.P2 TO P9 ARE IMPLEADED AS PER ORDER DTD. 31/03/2008 IN I.A.NO.3403/2008) BY ADV. SRI.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, NOTICE FROM WHOM MAY BE SERVED ON THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE (SPECIAL), MANNARGHAT, PALAKKAD DISTRICT. 3. THE FOREST TRIBUNAL, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER SMT. T.B.REMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.20209/1998 IN O.P.NO.11653/1998 K DISMISSED 31/03/2008 SD/- T.R.RAMACHANDRAN NAIR,JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATIN SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 18/12/1993. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 17/06/1996. EXT.P3: COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED FROM THE POSTAL DEPARTMENT TO THE RESPONDENT DTD. 18/06/1996. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 3/06/1998. /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 11653 of 1998 --------------------------------- Dated, this the 31st day of March, 2008 J U D G M E N T The deceased 1st petitioner claimed ownership and possession of 1.50 acres of land in survey No.2051 in Agali Village, Mannarghat Taluk, Palakkad District. He approached the Forest Tribunal in O.A.No.75/1979, which was allowed in his favour and the order passed by the Forest Tribunal was confirmed by this Court in M.F.A.No.433/80. Review petition filed by the State as R.P.No.63/1987 was also dismissed on 06/03/1993. The petitioner filed I.A.No.145/1988 before the Forest Tribunal, Palakkad for getting delivery of the property. The Forest Tribunal by an order dated 11/04/1988 directed the respondents to deliver possession of the land comprised in O.A.No.75/1979 within four months from the date of the order. It is averred that he had been moving various authorities by filing appropriate representations for restoration of the property. While so, he came to know that action is not being taken due to a mistake in the survey number in the schedule appended to the O.A. Seeking for correction of the schedule, the petitioner approached the Forest Tribunal by filing Ext.P4. Since the Forest Tribunal did not receive the said petition on file, the O.P.NO. 11653/1998 -2- petitioner has filed this writ petition. 2. Respondents have filed a detailed counter affidavit. The stand taken therein is that apart from the petitioner's application, there was another O.A., No.2/78, filed by Smt.Tayu, for a declaration under Section 8 of the Act in respect to the schedule property involved in that application. It is clear from the counter affidavit that the said application was dismissed and the review petition, No.63/87, filed by the State in M.F.A.No.433/80 was also dismissed. It is stated in the counter that there is a dispute regarding the identity of the property and it is because of that the schedule property could not be measured or delivered to the deceased 1st petitioner. He could not even identify the property at the time of inspection. It is further contended that as the order of the Tribunal is in respect of the land in Survey No.2052/3, the petitioner has no right to get the schedule amended by substituting another survey number as the land involved is different. 3. Any way, the Forest Tribunal has not accepted the petition on file and therefore no decision could be rendered on it. It is up to the Forest Tribunal to consider the objections, if any, which may have to be filed by the State against Ext.P4 petition, but the O.P.NO. 11653/1998 -3- said petition cannot be refused to be accepted by the Forest Tribunal. Therefore, the Forest Tribunal is directed to accept the original of Ext.P4 on file and proceed in accordance with law to dispose of the same with notice to the State, the Divisional Forest Officer as well as the custodian of the vested forest. Appropriate action in this regard shall be taken as expeditiously as possible. It is made clear that the observations made above, are only prima facie and this Court has not pronounced anything on the maintainability of the application filed by the petitioner. This writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) jg