IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 OP(C).No. 882 of 2010(O) ------------------------ OS.270/2010 of MUNI-MAGI COURT, DEVICOLAM .................... PETITIONER ------------------------------ AYYAPPAN, S/O. RAMASWAMY NAIDU, PUTHADIKARA, SANTHANPARA, UDUMBANCHOLA. BY ADV. SRI.SIBY MATHEW SMT.ANEY PAUL RESPONDENTS: --------------- 1. THE STATE OFKERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CHIEF CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. MAHESHKUMAR, DIVISIONAL FOREST OFFICER, MUNNAR AT DEVIKULAM, IDUKKI DISTRICT KDH VILLAGE-685602. 4. AJITHKUMAR, FOREST RANGE OFFICER, DEVIKULAM KDH VILLAGE, IDUKKI-685602. 5. ANIL KUMAR, FORESTER, FOREST STATION, SANTHANPARA, IDUKKI-685602. 6. T.N. MURALEEDHARAN, S/O.NARAYANA PILLAI, DOOR NO. CC 43/2444, SRUTHI, SRM ROAD, COCHIN-18. 7. PRADISH, S/O.MURALEEDHARAN, DOOR NO. CC.43/2444, SRUTHI, SRM ROAD,COCHIN-18. GOVERNMENT PLEADER: ADV. SRI. SREE KRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.882 of 2010 --------------------------------------- Dated this 26th day of November, 2010 JUDGMENT Learned Government Pleader takes notice for respondent Nos.1 and 2. Notice to respondent Nos.3 to 7 is dispensed with in view of the order I propose to pass. Heard counsel for petitioner and the learned Government Pleader. 2. Petitioner filed O.S.No.270 of 2010 against the respondents for decree for prohibitory injunction against interfering with what the petitioner claimed, his possession and enjoyment of 1.99 acres of land referred to in the plaint schedule. Petitioner claimed title and possession over the suit property as per Ext.P1, Government patta dated 06-04-1994, accompanied by Exts.P2 and P3, LA mahazar and sketch regarding the said property and receipt for payment of land revenue. In the meantime there was a suit filed by respondent No.7, son of respondent No.6. According to the petitioner, respondent No.6 created a fraudulent agreement for sale dated 03-08-1995 in favour of respondent No.7 who filed O.S.No.86 of 1999 against petitioner seeking specific performance of the said agreement. It is the case of petitioner that the said suit ended in a dismissal by Ext.P5, judgment dated 11-07- O.P(C).No.882 of 2010 : 2 : 2001. Petitioner filed O.S.No.270 of 2010 to protect his possession of the suit property. Petitioner wants to cut and remove the Eucaly trees standing in the suit property. Petitioner filed I.A.No.1521 of 2010 for an order of temporary injunction restraining respondents from causing obstruction to petitioner removing Eucaly timber from the suit property. That application is posted on 10-01-2011. Petitioner wants an early disposal of the said application claiming that otherwise the Eucaly timber will get damaged and petitioner will suffer loss. Learned counsel states that materials on record proved that petitioner has title over the property. Learned Government Pleader contends that even in Ext.P5, judgment there is an observation that the land involved is forest land and in view of the restrictions imposed under Sec.19 of the Kerala Land Assignment (Regulation & Occupation of Forest Land prior to 01- 01-1977) Special Rules, 1993 there could be no assignment of property and that is why O.S.No.86 of 1999 ended in a dismissal. Learned Government Pleader states that respondent Nos.1 and 2 have to file a detailed counter affidavit in I.A.No.1521 of 2010 (in O.S.No.27 of 2010) and it will require time. The suit was filed only on 28-10-2010, there was a posting on 16-11-2010 and then it is posted on 10-01-2011. 3. Having regard to the circumstances stated and since it is submitted by learned Government Pleader that respondent O.P(C).No.882 of 2010 : 3 : Nos.1 and 2 have to file a detailed counter affidavit in I.A.No.1521 of 2010 I am not inclined to issue direction for early disposal of I.A.No.1521 of 2010. I must also bear in mind that November 2010 is at the fag end. Without understanding the volume of work of the court concerned, I am not inclined to issue any direction. Learned Government Pleader submits that counter affidavit of respondent Nos.1 and 2 will be filed in the court below before 10-01-2011. That submission is recorded. Learned Munsiff shall make every endeavour to take up I.A.No.1521 of 2010 for hearing on 10-01- 2011 itself after giving other respondents also opportunity to file counter if any in the meantime (if necessary by advancing I.A.No.1521 of 2010 to a convenient day so that other respondents could file their counter if any in the matter and the I.A can be taken up for hearing on 10-01-2011) taking into account the apprehension of petitioner that the timber is getting damaged. This petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-