IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 29078 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. M.SYED ALAVI, T.C. 9/314 (3)PLRA F 42.2 PANNICKERS LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. 2. SULEKHA BEEVI T.C. 9/314 (3)PLRA F 42.2 PANNICKERS LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. 3. S.A.JALEEL T.C. 9/314 (3)PLRA F 42.2 PANNICKERS LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. 4. SHAJAHAN S T.C. 9/314 (3)PLRA F 42.2 PANNICKERS LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERMENT (REVENUE) SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE CHIEF CONSERVATOR OF FOREST VAZHUTHACAUD, THIRUVANANTHAPURAM 695 012. 3. DIVISIONAL FOREST OFFICER THIRUVANANTHAPURAM 695 001. 4. DISTRICT COLLECTOR THIRUVANANTHAPURAM 695 001. 5. VILLAGE OFFICER THENNUR, THIRUVANANTHAPURAM 695 542. WP(C).No. 29078 of 2011 -2- 6. SUB REGISTRAR PALODE SUB REGISTRA'S OFFICE, PALODE NEDUMANGAD, THIRUVANANTHAPURAM 695 012. GP JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29078 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE BASIC TAX RECEIPT FOR PAYMENT OF LAND TAX TO GOVERNMENT REGARDING THE PROPERTY OF IST PETITIONER. EXT.PI(A) TRUE COPY OF THE BASIC TAX RECEIPT FOR PAYMENT OF LAND TAX TO GOVERNMENT REGARDING THE PROPERTY OF IST PETITIONER. EXT.P1(B) TRUE COPY OF THE BASIC TAX RECEIPT FOR PAYMENT OF LAND TAX TO GOVERNMENT REGARDING THE PROPERTY OF IST PETITIONER. EXT.P1(C) TUR COPY OF THE POSSESSION CERTIFICATE. EXT.P1(D) TRUE COPY OF THE LOCATION CERTIFICATE ISSEUD BY VILLAGE OFFICER. EXT.P2TRUE COPY OF THE BASIC TAX RECEIPT FOR PAYMENT OF LAND TAX FOR THE PROPERTY OF 2ND PETITIONER. EXT.P2(A) TRUE COPY OF THE BASIC TAX RECEIPT FOR PAYMENT OF LAND TAX FOR THE PROPERTY OF 2ND PETITIONER. Ext.p2(b) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER. EXT.P2(C) TRUE COPY OF THE LOCATION CERTIFICATE ISSEUD TO THE PROPERTY OF 2ND PETITIONER. EXT.P3TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 3RD PETITIONER. EXT.P3(A) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 3RD PETITIONER. EXT.P3(B) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 3RD PETITIONER. EXT.P3(C) TRUE COPY OF THE POSSESSION CERTIFICATE REGARDING THE PROPERTY OF 3RD PETITIONER. EXT.P3(D) TRUE COPY OF THE LOCATION CERTIFICATE. EXT.P4TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 4TH PETITIONER. EXT.P4(A) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 4TH PETITIONER. Ext.p4(b) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF 4TH PETITIONER. W.P.(C).29078/2011 -2- Ext.p4(c) TRUE COPY OF THE POSSESSION CERTIFICATE REGARDING THE PROPERTY OF 4th RESPONDENT. EXT.P4(D) TRUE COPY OF THE LOCATION CERTIFICATE. EXT.P5. TRUE COPY OF THE RECEIPT OBTAINED BY THE IST PETITIONER FROM AGRICULTURE WORKERS WELFARE FUND BOARD. EXT.P6TRUE COPY OF THE RECEIPT OBTAINED BY THE 2ND PETITIONER FROM AGRICULTURE WORKERS WELFARE FUND BOARD. EXT.P7TRUE COPY OF THE RECEIPT OBTAINED BY THE 3RD PETITIONER FROM AGRICULTURE WORKERS WELFARE FUND BOARD. EXT.P8TRUE COPY OF THE RECEIPT OBTAINED BY THE IST PETITIONER FROM AGRICULTURE WORKERS WELFARE FUND BOARD. EXT.P9TRUE COPY OF THE PETITION SUBMITTED TO THE 3RD RESPONDENT ON 30.9.2010 BY PETITIONERS. EXT.P10 TRUE COPY OF THE REPLY LETTER DT.24.11.2010 GIVEN BY 3RD RESPONDENT. EXT.P11 TRUE COPY OF THE NOTIFICATION DT.7.8.2010. EXT.P12 TRUE COPY OF THE REPRESENTATION ON 7.1.2011 SENT BY PETITIONERS TO THE 3RD DEFENDANT. EXT.P13 TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT ON 20.6.2011 BY PETITIONERS. EXT.P14 TRUE COPY OF THE PETITION DT.20.6.2011 UNDER RIGHT TO INFORMATION ACT. EXT.P15 TRUE COPY OF THE REPLY RECEIVED FOR EXT.P15 PETITION. EXT.P16 TRUE COPY OF THE PETITION SUBMITTED TO THE VILLAGE OFFICER THENNUR BY PETITIONERS. EXT.P17 TRUE COPY OF THE REPLY DT.1.10.2011 SENT BY VILLAGE OFFICER, THENNUR TO EXT.P16. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29078/2011 .............................................. Dated this the 16th day of December, 2011 JUDGMENT Petitioners claim to be the owners of 21 acres of land comprised in Sy.3985 of Thennur Village of Nedumangadu Taluk. In this writ petition their grievance is regarding refusal of the third respondent to issue an NOC, in order to enable them to pay tax in respect of the properties and also to obtain further documents to deal with the properties in question. According to the petitioners, tax is now refused to be accepted by the fifth respondent for the reason, on the assumption that the property is covered by a notification issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 21 of 2005. 2. Referring to Ext.P15, the learned counsel for the petitioners contends that even according to the Forest Department, the property is not covered by any notification contrary to the stand taken by the fifth respondent. 3. The learned Government Pleader who has obtained instructions in the matter, submits that so far, the property has not W.P.(C).29078/11 2 been surveyed or identified as an ecologically fragile land. There is also nothing to indicate that any notification has been issued concerning the property in question. In such circumstances, at present, there is no reason why the NOC shall be declined by the third respondent so that the petitioners who are the original owners of the property, can pay tax. 4. Therefore, I dispose of the writ petition directing that on the production of a copy of this judgment, the third respondent will issue NOC concerning the aforesaid properties, enabling the petitioners to pay tax. However, this judgment or anything done thereunder, shall not be the prejudice of the respondents in taking any action in accordance with the provisions of the E.F.L. Act. ANTONY DOMINIC, Judge mrcs