IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 13771 of 2006(M) ------------------------------------- PETITIONERS : - ------------------------ 1. SULFIKER ALI, NELLIPARAMBAN, KARAKKUNNU AMSOM & DESOM, ERANAD TALUK. 2. MOHAMMED, S/O. BEERANKUTTY HAJI, NELLIPARAMBAN, KARAKKUNNU AMSOM & DESOM, ERANAD TALUK. 3. ANVAR SADTAT, NELLIPARAMBAN, KARAKKUNNU AMSOM & DESOM, ERANAD TALUK. 4. SAJNA NAVEEN, W/O.NAVEEN NAYARU, NAVACHETH, KUNNANNUR DESOM, MARUTHA ROAD AMSOM, PALAKKAD TALUK. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS : - ------------------------- 1. THE VILLAGE OFFICER, O/o. VILLAGE OFFICER, NELLIPPOIL AMSOM AND DESOM, KOZHIKODE. 2. THE DIVISIONAL FOREST OFFICER, O/O. DIVISIONAL FOREST OFFICER, KOZHIKODE. Spl. GOVERNMENT PLEADER (FOREST) SRI. T.R. RAVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11 /2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13771 of 2006(M) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF SALE DEED NO. 2913 / 2005 DATED 27.08.2005, KODANCHERY S.R.O. EXT P2 : COPY OF SALE DEED NO. 2912 / 2005 DATED 27.08.2005, KODANCHERY S.R.O. EXT P3 : COPY OF SALE DEED NO. 2911 / 2005 DATED 27.08.2005, KODANCHERY S.R.O. EXT P4 : COPY OF SALE DEED NO. 2914 / 2005 DATED 27.08.2005, KODANCHERY S.R.O. EXT P5 : COPY OF POSSESSION CERTIFICATE NO. 323 / 2000 ISSUED BY THE 1st RESPONDENT. EXT P5 (a) : COPY OF POSSESSION CERTIFICATE DATED 45 / 1996 DATED 20.01.1996 ISSUED BY THE 1st RESPONDENT. EXT P6 : COPY OF THE BASIC TAX RECEIPT NO. 5235069. EXT P6 (a) : COPY OF THE BASIC TAX RECEIPT NO. 7126019 DATED 28.03.2005. EXT P7 : COPY OF THE SKETCH HANDED OVER TO THE PETITIONERS AT THE TIME OF EXECUTION OF SALE DEED IN THEIR FAVOUR. EXT P8 : COPY OF CERTIFICATE OF PURCHASE NO. 786 / 1992 DATED 30.11.1992. EXT P8 (a) : COPY OF CERTIFICATE OF PURCHASE NO. 771 / 1992 DATED 30.11.1992 ISSUED BY THE LAND TRIBUNAL, KODUVALLY. EXT P9 : COPY OF REGISTERED KANOM THEERADHARAM NO. 996 / 1990, KODANCHERY S.R.O., WHICH IS THE PRIOR DOCUMENT OF THE PROPERTY. EXT P10 : COPY OF THE CERTIFICATE OF REGISTRATION OF THE PROPERTY AS CARDAMOM ESTATE AS PER CR 1/70, VIDE B7 - 7231/70. EXT P10 (a) : COPY OF REGISTRATION CERTIFICATE ISSUED VIDE B5 - 5551 / 71. EXT P11 : COPY OF SALE DEED NO. 1058 / 1990. EXT P12 : COPY OF SALE DEED NO. 1145 / 1996 DATED 20.12.1996. RESPONDENTS' EXHIBITS : NIL. TRUE COPY P.A. TO JUDGE DMR/- S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13771 of 2006 ---------------------------------------------- Dated this the 19th day of November, 2011 JUDGMENT The petitioners have filed this writ petition challenging the refusal on the part of the 1st respondent to accept land tax in respect of the properties covered by Exts.P1 to P4 documents, by virtue of which the petitioners have become absolute owners of the said properties. The petitioners' contention is that as early as in 1971 the forest authorities themselves had clearly demarcated the property from other forest lands by installing concrete posts all around about 70 acres of land of which the petitioners' properties form part. The petitioners have produced Ext.P7 sketch in support of the said contentions. According to the petitioners, the petitioners predecessors- in-interest obtained Exts.P8 and P8(a) certificates of purchase in respect of the properties. But, when the petitioners offered to pay land tax and sought issue of possession certificate, the 1st respondent refused stating that the 2nd respondent has issued a letter directing him W.P.(C)No.13771/06 2 not to accept tax in respect of the properties with regard to which there is some suspicion. It is under the above circumstances, the petitioners have filed this writ petition seeking the following relief: “(a) A writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to receive the tax and issue possession certificate in respect of Exhibits P1 to P4 properties forthwith.” Today, the learned Government Pleader produces before me a notification published in the Kerala Gazette dated 29.3.2011, by which the subject properties and other properties have been notified under Section 3(2) of the Kerala Forest ( Vesting and Management of Ecologically Fragile Lands) Act 2003. That being so, the petitioners cannot now proceed further unless they successfully challenge the said notification in accordance with law. Therefore, without prejudice to the right of the petitioners to challenge the said notification and to seek remedies thereafter in respect of their land, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13771/06 3 W.P.(C)No.13771/06 4