IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15304 of 2004(V) -------------------------- PETITIONER(S): --------------- T.C.THOMAS, S/O.CHACKO, THEKKEKUTTU HOUSE, PUTHUPPADY, THAMARASSERY, KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. CUSTODIAN/EX-OFFICIO, SPECIAL SECRETARY, AGRICULTURE,(FOREST SPECIAL DEPARTMENT) TRIVANDRUM. 2. THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FOREST, OLVAKKODE, PALAKKAD. 3. TAHSILDAR, KOZHIKODE TALUK OFFICE, KOZHIKODE. BY GOVERNMENT PLEADER (FOREST) SRI. P.M. POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER DATED 26.8.1975 OF THE FOREST TRIBUNAL IN OA 5/74 EXT.P2 TRUE COPY OF THE REVIEW PETITION FILED BY THE RESPONDENT BEFORE THE FOREST TRIBUNAL DATED 28.3.1987 EXT.P3 TRUE COPY OF THE ORDER IN IA 31/87 DATED 17.6.1987 EXT.P4 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO DEMARCATE THE BOUNDARY. EXT.P5 TRUE COPY OF JUDGMENT IN OP 4391 OF 2002 DATED 25.9.2002 EXT.P6 TRUE COPY OF LETTER SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER PASSED BY THE CONSERVATOR OF FOREST DECLINING TO DEMARCATE THE BOUNDARY DATED 26.2.2003 EXT.P8 TRUE COPY OF LETTER SUBMITTED BY THE PETITIONER THROUGH LAWYER BEFORE THE 2ND RESPONDENT DATED 22.7.2003 EXT.P9 TRUE COPY OF THE REPLY LETTER DATED 14.8.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 15304 OF 2004 -------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Petitioner's father filed O.A.No. 5 of 1974 before the Forest Tribunal and Forest Tribunal upheld his claim for four acres of land as cultivated by him. Petitioner and other legal heirs are presently in occupation of the said four acres of land. Their grievance is that Forest Department is preventing cultivation of the land by them. Government Pleader for Forest Department submitted that department only wants to prevent encroachment of forest land. It is seen from proceedings dated 22.12.2001 issued by the Range Officer, Thamarassery that the department proposed to ear-mark the boundaries of the petitioner's land with the Forest. It is not done even now. I do not think there can be any difficulty for the Forest Department to ear-mark the boundaries of the petitioner's land with reference to the Forest Tribunal's award. In the circumstances, W.P.C. is disposed of directing the Range Officer, in co-ordination with the Village Officer and the petitioner, to ear-mark the boundaries of four acres of land covered by the award. 2 Petitioner will produce copy of this judgment before the Forest Range Officer, Thamarassery who will contact Village Officer of the area and with his assistance he will fix the boundaries of the petitioner's property after notice to the petitioner within three months from the date of production of a copy of this judgment. Petitioner will be given sketch and report after the same are prepared pursuant to the above direction. (C.N. RAMACHANDRAN NAIR) Judge kk 3