IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6294 of 2009(F) ----------------------------------- PETITIONERS : ---------------------- 1. N.VASUDEVA MENON @ N.V.MENON, S/O.LATE V.VENUGOPALA VARMA RAJA VALIYA NAMBIDI, VENGUNADU PALACE, KOLLENGODE, PALAKKAD DISTRICT, NOW RESIDING AT KOZHISSERRI HOUSE AT PAYYALLORE, KOLLENGODE - 678 506. 2. N.MOHAN VARMA, S/O.LATE V.VENUGOPALA VARMA RAJA VALIYA NAMBIDI, VENGUNADU PALACE, KOLLENGODE, PALAKKAD DISTRICT, NOW RESIDING AT KOZHISSERRI HOUSE AT PAYYALLORE, KOLLENGODE - 678 506. BY ADV. SRI.H.BADARUDDIN SMT. AYSHA RAHMAN RESPONDENTS : ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF FORESTS AND CONSERVATOR OF FORESTS, EASTERN CIRCLE, ARANYA BHAVAN COMPLEX, OLAVAKKOD, PALAKKAD DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, NEMMARA, PALAKKAD. SRI. SANDESH RAJA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 6294 of 2009 ------------------------------------ Dated this the 11th day of March, 2009 JUDGMENT Petitioner seeks a direction to the respondents not to disturb their peaceful possession, enjoyment and cultivation on the B schedule property in final Decree proceedings in O.S. No.1/1964 on the file of the District Court, Palakkad. 2. With particular reference to 50 acres of land forming part of Karimala Estate which is said to part of B schedule to the above Final Decree, petitioner claims that it is a Cardamom plantation and reference is made to Exhibit P2, judgment rendered by Division Bench of this Court in MFA No.159/1982. He submits that the aforesaid 50 acres of land was fully planted with Cardamom and that the same was not a part of the vested forest to which, Kerala Private Forest (Vesting and Assignment) Act, 1971 was made applicable. It is on this basis the aforesaid prayer is made. 3. Statement has been filed by the respondents. According to the respondents, the entire property is a vested W.P.(C) No. 6294 /2009 2 forest and that no portion of it is planted with cardamom as claimed by the counsel for the petitioner. They also refer to the findings in Exhibit P2 judgment and contended that cardamom plantation claimed by the counsel for the petitioner was more a myth than a reality. 4. By reading Exhibit P2 judgment rendered by this court referred to above, although petitioner refers to portion of the estate as cardamom plantation, but a closer reading of the judgment gives the impression that the Division Bench of this Court was not satisfied that any portion of the estate was planted with Cardamom. If as stated, estate was planted with Cardamom, same would have come within the definition of plantation exempted from the provisions of the 1971 Act and if so, the O.A. filed by the lessee of the petitioner, which resulted in Exhibit P2 would not have been dismissed as done in Exhibit P2. This only leads to the inference that the case of Cardamom plantation set up by the petitioner was not a reality. Be that as it may, on the materials produced, I am not in a position to conclude that any portion of the said estate is W.P.(C) No. 6294 /2009 3 excluded from the Kerala Private Forest (Vesting and Assignment) Act. If the petitioner has such a case, the remedy available to the petitioner is to approach Civil Court and seek appropriate reliefs. It is made clear that I have not dealt with the merits of the claim of the petitioner regarding any other other extent of the property covered by schedule B to the Final Decree. ANTONY DOMINIC, JUDGE scm