IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22065 of 2009(C) -------------------------- PETITIONER(S): --------------- SOMADAS, S/O.PADMANABHAN, PONNUVILA HOUSE, THARISU P.O., KARIVARUKUNDU, REPRESENTED BY POWER OF ATTORNEY HOLDER, K.N.DEVADATHAN. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. THE CUSTODIAN OF VESTED FOREST & CONSERVATOR OF FOREST, VESTED FOREST CIRCLE, KOZHIKODE. 2. THE DISTRICT FOREST OFFICER, PALAKKAD. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. BY SPL.GP SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22065/2009 -------------------- Dated this the 10th day of August, 2009 JUDGMENT Petitioner claims absolute title and possession over 10.13 Acres of land in Sy.No.1/7A, 1.48 Acres in Sy.No.2/1A and .05 Acres in Sy.No.2/1B of Thenur amsom in Palakkad District under Ext.P1 sale deed. The predecessor-in-interest of the petitioner had approached the Forest Tribunal for exemption of the property and the application was allowed under Section 3(2) of the Kerala Private Forest Vesting and Assignment Act, as per Ext.P2. An appeal preferred by the Government was also dismissed under Ext.P3 and an attempt at review by the Government was also rejected as per Ext.P4. 2. Petitioner has been cultivating rubber in that property after obtaining licence from the Rubber Board. He is aggrieved by the attempts made by respondents 1 and 2 to interfere with the petitioner's actual possession of the property which he claims absolutely belongs to him. W.P.(C).22065/09 2 3. I am of the view that the petitioner has an efficacious remedy before the Civil Court, if any person including respondents 1 and 2 try to interfere with the possession of title holder of the property. He is at liberty to avail such remedy. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs