IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 991 of 2010(Y) ----------------------------- PETITIONERS: ---------------- 1. SUBAIR M.V, MALENTAVALAPPIL HOUSE KADACHIRA PO, KANNUR DISTRICT. 2. ABDUL SHUKOOR M.V,MALENTAVALAPPIL HOUSE KADACHIRA PO, KANNUR DISTRICT. (THE PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI.DAVOOD M.V., MALENTAVALAPPIL HOUSE, KADACHIRA PO, KANNUR DISTRICT. BY MR.V.P.REGHURAJ, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIVISIONAL FOREST OFFICER NORTH WAYANAD DIVISION, DIVISIONAL FOREST OFFICE MANANTHAVADY. 2. THE DEPUTY CONSERVATOR OF FOREST NORTH WAYANAD DIVISION, OFFICE OF FOREST OFFICER, MANANTHAVADY. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF FOREST GOVERNMENT OF KERALA, SECRETARIAT,TRIVANDRUM. BY MR.K.SANIL KUMAR, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.991 OF 2010 --------------------------------------- Dated this the 21st day of January, 2010. J U D G M E N T The petitioners herein are permanent residents of Kannur District. They have purchased 7 cents of property in R.S.No.222/3 of Vemom village now renamed as Mananthavady village of Mananthavady Taluk from one Mathew Jacob as per Exhibit P2 sale deed. The purchase was made along with one of the brothers of the petitioners and by Exhibit P3 sale deed No.275/2001, the right of the petitioners' brother was released in favour of the petitioners. 2. It is the case of the petitioners that they are in possession of the properties which are having compound wall, defined boundaries etc. The petitioners are aggrieved by Exhibit P6 letter dated 19.11.2009 issued by the Divisional Forest Officer intimating that unless the petitioners remove the illegal constructions in the Government property, action will be taken to remove the same by demolishing the construction. W.P.(C) No.991/2010 2 3. Going by the grounds raised in the writ petition, it is a matter which the petitioners will have to take up before appropriate civil court. Exhibit P6 is only a communication informing the proposed action. What is involved herein is a matter which requires detailed adjudication on facts and evidence. Therefore, without prejudice to the remedy of the petitioner to approach the civil court, this writ petition is disposed of. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp