IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 4154 of 2010(T) ------------------------------------- PETITIONER: ------------------- ELAMMA THOMAS, PANCHARA PUTHEN PURAYIL, POONCHOLA, MANNARKKAD, PALAKKAD. BY ADV. MR.VINOD KUMAR.C. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY DIST.COLLECTOR, PALAKKAD. 2. R.D.O, OTTAPPALAM. 3. TAHSILDAR, MANNARKKAD. 4. DIVISIONAL FOREST OFFICER, MANNARKKAD. 5. DEPUTY COLLECTOR (LR), MALAPPURAM. R1 TO R5 BY SPL. GOVT. PLEADER MR. P.M. PAULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4154/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DOCUMENT NO. 1815/1981. EXT.P.2: COPY OF THE CERTIFICATE OF PURCHASE NO. 68/1974. EXT.P.3: COPY OF THE TAX RECEIPT. EXT.P.4: COPY OF THE REQUEST. EXT.P.5: COPY OF THE DIRECTION DT. 18/05/09. EXT.P.6: COPY OF THE REPORT DT. 02/07/09. EXT.P.7: COPY OF THE INTIMATION BY THE R.4. NO. 1775/09. EXT.P.8: COPY OF THE NOTIFICATION DT. 23/01/90. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4154 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2010. JUDGMENT The main prayer in the writ petition is for a direction to the respondents to take steps to remove the certificate of purchase of the petitioner's property from the bogus list. A further direction is sought for to issue a pass to the petitioner to cut the standing trees from her property. 2. The petitioner herein is the owner of the property comprised in Sy. No.2021/1 pt of Palakkayam Village in Mannarkad Taluk having an extent of 5 acres 61 cents. It was obtained by her as per sale deed bearing No.1815/1981 of SRO, Mannarkad. Ext.P2 is the copy of the cerificate of purchase. She is remitting the land tax also. When the petitioner sought for permission to cut and remove the standing trees in the property to obtain some money for the education of her daughter, the 4th respondent refused to issue the same stating that the certificate of purchase obtained in respect of the property is included in the list of 'bogus certificates of purchase'. Thereafter, the petitioner filed Ext.P4 representation before the second respondent seeking to take necessary steps to remove the certificate of purchase of the petitioner from the bogus list and also to direct the 4th wpc 4154/2010 2 respondent to issue necessary pass to cut and remove the trees standing in the property. The second respondent, by Ext.P5, directed the third respondent to make necessary enquiries in the matter and file a report before him. The Tahsidlar has filed a report as per Ext.P6. Since no further action is taken in the matter, this writ petition has been filed. 3. The matter was heard along with W.P.(C) No.24090/2009 in which a statement has been filed by the 4th respondent, as directed by this Court. It is pointed out therein that “there are large number of bogus tenancies existing in Mannarkad Taluk which were assigned on the basis of falsified documents. Many pattas were issued by the Land Tribunal without consulting the Forest Department and hence a large number of petitioners obtained pattayam for forest land. The pattas held by the petitioner/his predecessor is included in the suspected list of bogus pattas. It is further stated that the Government as per G.O.(Rt) No.163/90/RD Revenue (P) Department dated 23.1.1990 appointed Deputy Collector (LR) Malappuram as Special Officer to study and make a thorough investigation into the certificate of purchase issued by Land Tribunal, especially in vested forest areas of Malappuram and Palakkad Districts, and to identify bogus tenancies. It is also pointed out that the Revenue Department has to verify and take a final decision as to whether the pattas issued are bogus or not. A wpc 4154/2010 3 total of 1424 pattas suspected to be bogus were identified and reported. In terms of the direction issued by the Government as per letter dated 29.7.2004, verification is going on in the Revenue Department.” 4. In the above view of the matter, there will be a direction to complete the verification within a period of three months from the date of receipt of a copy of this judgment and depending upon the same, the application Ext.P4 will also be disposed of. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/