IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35264 of 2008(W) -------------------------- PETITIONER(S): --------------- THONNIKADAVAN MOHAMMED, AGED 80 YEARS, S/O.UNNIATHAN, EDATHANATTUKARA, VATTAMANNAPURAM P.O., VIA ALANALLOOR, VIA MANNARGHAT, PALGHAT DISTRICT. BY ADV. SRI.S.GIRISH SRI.HARIDAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, F & W L D SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, TERRITORIAL DIVISION, PALAKKAD. 4. THE DISTRICT COLLECTOR, PALAKKAD. BY SPL.GP. SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35264/2008 -------------------- Dated this the 5th day of December, 2008 JUDGMENT Petitioner was the owner of 29.5 Acres of property in Survey No.1/1 of of Edathanattukara, Alannalloor-III Village. Property belonged in jenm to the Puthiyakovilakam. It was cultivated with rubber, according to the petitioner, by his father. Petitioner filed O.A.No.454/1976 before the Forest Tribunal, Manjeri, since the Department contended that the property is a vested forest. By order dated 14.2.1979, the Forest Tribunal found that the petitioner had title to 29.5 Acres of the land, but the application submitted by the petitioner was dismissed on the ground that cultivation was not done. In M.F.A.133/1979, this Court directed a fresh consideration. The Tribunal passed Ext.P1 order after remand and declared that the petition scheduled property is not a vested forest and directed to restore the same to the petitioner. A reading of Ext.P1 would show that though the respondents defended the claim W.P.(C).35264/2008 2 made by the petitioner, they had also conceded that two Acres of rubber plantation was liable to be exempted. Second respondent, thereafter, filed a Review petition under Section 8B of the Kerala Private Forest Vesting and Assignment Act, to review Ext.P1 before the Forest Tribunal and the Tribunal allowed the Review petition dismissing the O.A. filed by the petitioner. Petitioner filed an appeal and the appeal was dismissed as per Ext.P3. A Special Leave Petition was also rejected. Petitioner submits that notwithstanding the rejection of the appeal, since the Department itself had conceded that two Acres of rubber plantation in the property are liable to be exempted, he filed Ext.P6 representation before the custodian of Vested Forests for restoration of at least two Acres of property. Writ petition has been filed seeking appropriate directions in relation to Ext.P6. 2. Learned Special Government Pleader, Mr.Renjith Thampan, points out that the petitioner’s request was W.P.(C).35264/2008 3 essentially for a grant of a No Objection Certificate in relation to two Acres of property. Since the competent authority in this regard is the DFO, petitioner was informed by letter dated 11.11.2008, requesting him to approach the DFO. It is further affirmed that if the petitioner approaches the DFO, then he will take appropriate action. Submission is recorded. 3. Accordingly, writ petition is disposed of permitting the petitioner to approach the DFO for an NOC as requested in Ext.P6. If a representation is filed within two weeks from the date of receipt of a copy of this judgment, DFO shall take note of the observations made herein above in this regard, and issue a No Objection Certificate, if there are no other factors inhibiting the same, within two weeks thereafter. V.GIRI, Judge mrcs