IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 OP.No. 30712 of 2000(F) ---------------------------------- PETITIONER: -------------------- SMT.JESSY WILSON, W/O.WILSON, AGED 30 YEARS, CHIRANDAYATH VEEDU, PARASSERY, UPPUMANNU, KARINKAYAM P.O., ALATHUR TALUK, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, PALAKKAD. 2. CONSERVATOR OF FORESTS, OLAVAKKODE. 3. DISTRICT FOREST OFFICER, NENMARA, PALAKKAD. BY SPL.GOVERNMENT PLEADER (FORESTS) SRI.RENJITH THAMPAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.52149/2000 IN O.P.NO.30712/2000 F DISMISSED 17/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTERED JENMOM ASSIGNMENT DEED NO.3510/94 DTD. 13/12/94 AT THE SRO, ALATHUR. EXT.P2: COPY OF REGISTERED JENMOM ASSIGNMENT DEED NO.3/94 DTD. 29/12/93 AT THE SRO, ALATHUR. EXT.P3: COPY OF REGISTERED JENMOM ASSIGNMENT DEED NO.4/94 DTD. 29/12/93 AT THE SRO, ALATHUR. EXT.P4: COPY OF REGISTERED JENMOM ASSIGNMENT DEED NO.669/95 DTD. 28/02/95 AT THE SRO, ALATHUR. EXT.P5: COPY OF DEED OF ASSIGNMENT DTD. 21/05/79 AND OTHER OF ASSIGNMENT EXECUTED BY THE DIST.COLLECTOR, PALAKKAD. EXT.P6: COPY OF THE PATTAYAM ISSUED BY THE TAHSILDAR DTD. 25/05/83. EXT.P7: COPY OF COMMUNICATION DTD. 13/04/2000 RECEIVED FROM THE DIST.COLLECTOR, PALAKKAD. EXT.P8: COPY OF INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN C.M.P.NO.7969/98 IN OP.4423/98 DTD. 1/06/98. Kss ..2/- ...2..... O.P.NO.30712/2000 F 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF LETTER NO.C2.3035/96 DTD. 25/09/96 ADDRESSED TO THE DIST. COLLECTOR, PALAKKAD BY THE ASST. DIRECTOR OF RESURVEY, PALAKKAD. EXT.R3(B): COPY OF LETTER NO.6631/2000 DTD. 5/12/2000 OF THE VILLAGE OFFICER, ALATHUR. EXT.R3(C): COPY OF ORDER OF THIS HONOURABLE COURT DTD. 31/07/2000 IN W.A.NO.950/2000. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. --------------------------------- O.P NO. 30712 OF 2000 F --------------------------------- Dated this the 17th January, 2008 JUDGMENT Petitioner has approached this Court with the following prayers: "a) Declare that the respondents are estopped from dispossessing the petitioner or evicting her from the properties assigned to her as per Exts.P1 to P4 documents and situate at Kattussery Amsom, Alathur Taluk, Palakkad under the or in enforcement of any of the provisions of the Kerala Private Forest (Vesting & Assignment) Act or otherwise; b) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to forbear from evicting the petitioner from the respective lands covered by Exts.P1 to P4 documents and situate at Kattussery Amsom, Alathur Village, Alathur Taluk." OP NO.30712/00 F 2 2. According to petitioner, she is having 2.60 acres of land which is the subject matter of assignment in favour of her predecessor in interest in the year 1979. Petitioner is an assignee tracing title to the assignment in the year 1979. According to her, she is prevented from cultivating the land on the ground that the said land forms part of the properties that have vested in the Government under the Kerala Private Forests (Vesting & Assignment) Act. 3. A Counter Affidavit is filed by respondents 1 to 3, inter alia, stating as follows: "4. The disputed property is an enclosure within the Vizhumala Malavaram VFC item No.196/1 to 6 admeasuring 449.16 Ha. in Kattussery amsom Alathur Village of Alathur Taluk. Exts.P1 to P4 assignment deeds are made on the forest areas lying as enclosures within VFC item No.196/1 to 6 of Vizhumala Malavaram. The area is a portion of forest land predominantly supporting natural vegetation and lying enclosed within the vested forest and coming under the definition of the "ecologically fragile lands" under OP NO.30712/00 F 3 Section 2(a)(i) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands Ordinance, 2000. Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any court or in any custom, contract or other document, with effect from 2.6.2000, the ownership and possession of the area stood transferred to and vested in the State Government free from all encumbrances, and the right, title and interest of the petitioners thereon stood extinguished. The area falls under the purview of Section 3(1) of Ordinance 6/2000, now 8/2000 and action has already been taken to notify it. The area has never been under the possession of the petitioner. The allegation that the petitioner and her husband were raising seasonal crops in the petition schedule property is not correct and hence denied by these respondents. In fact, the petitioner's husband unauthorisedly entered into the schedule property and cleared the undergrowth violating the provisions of the Forest (Conservation) Act, 1980 and the Kerala Forest Act on 5.12.2000, which was timely thwarted by the forest staff. The area is a OP NO.30712/00 F 4 dense forest supporting natural vegetations of maruth, teak, oduku, venga, irool, manhapavatta species aged about 40 years and it is physically indistinct from the surrounding vested forests. All the ecologically fragile lands as defined under Section 3(1) of Ordinance 6/2000 stood vested in the Government as on 2.6.2000 and all the rights of the petitioners over the area stood extinguished. The Assistant Director of Resurvey, Palakkad, in the letter No.C2.3035/96 dated 25.9.96 addressed to the District Collector, Palakkad, a photocopy of which is produced herewith and marked as Ext.R3 (a) has reported that the assignees have no occupation of the land assigned to them and that the land has full growth of vegetations like the nearby vested forest, the identification of the assigned area is very difficult. The Village Officer, Alathur vide letter No.6631/2000 dated 5.12.2000, a photo copy of which is produced herewith and marked as Ext.R39b) has reported that as per records, the petitioner has no land in the village and that she has not remitted basic tax for the land. Neither the petitioners nor the predecessors in interest had manifested any intention for OP NO.30712/00 F 5 cultivation in the area at any point of time. 7. The property is lying enclosed within the vested forest areas in Vihumala and is a predominantly natural vegetated area forming the ecologically fragile land under Section 3(1) of Ordinance 6/2000 now 8/2000 and the right, possession, ownership and title if any of the petitioner over the property stood vested with the Government as on 1.6.2000. The area was jointly verified by the Forest and the Revenue Department staff on 11.3.1998 and it was found that the area is part of the forest land. The area was never physically handed over to the patta holders or to the writ petitioner and she has never become the absolute owner in possession of the property. Allowing any sort of cultivation in vested forest is violation of the Sec. 2 of Forest (Conservation) Act, 1980 and the directions contained in judgment in Writ Petition No.202/95 of Honourable Supreme Court of India." 4. There is no Reply Affidavit filed. There was an interim order which had expired on 2.7.2001. In such circumstances, it OP NO.30712/00 F 6 is for the petitioner to work out her remedies in the appropriate forum. The Original Petition is disposed of as above. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 30712 OF 2000 F JUDGMENT 17th January, 2008.