IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 37051 of 2009(B) -------------------------- PETITIONER(S): --------------- T.A.GANGADHARAN, S/O.AYYAPPAN, THEKKIL HOUSE, OLAKKARA TRIBAL COLONY, PEECHI, VANIAMPARA P.O., PATTIKAD, THRISSUR. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR. 2. THE TAHASILDAR, TALUK OFFICE, THRISSUR. 3. THE VILLAGE OFFICER, PEECHI THRISSUR. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37051/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 J U D G M E N T The petitioner claims that he belongs to a Scheduled Tribe and also that he is a forest dweller. He is aged 60 years and is living in the interior of the reserve forest, which is within the limits of Peechi Wild Life Division, Thrissur. 2. The petitioner is earning his livelihood by selling Honey and Ayurvedic medicines available in the forest. The Government of India have issued 'Agmark' certificate to the petitioner for the sale of Vanavasi Honey. The petitioner has set up a micro unit for manufacturing of Ayurvedic medicines. Trade Mark Certificate is essential for exporting the Honey. He has filed a memorandum in the Form No.86 before the District Industries Centre for the said purpose and the copy of the acknowledgement is produced as Ext.P1. 3. According to the petitioner, for exporting Honey and for obtaining Trade Mark Certificate, 'Forest Dweller' (Vanavasi) certificate is essential. He moved the Tahsildar concerned as per Ext.P2 in the matter which was forwarded to the Divisional Forest Officer, Nenmara and the Sub Inspector of Police as per Exts.P3 and P3(a) W.P.(C). No.37051/2009 -:2:- respectively. Ext.P4 is the reply given by the Sub Inspector of Police stating that the petitioner is residing at Olakara Forest area. The third respondent Village Officer has also submitted a report as per Ext.P5 in the matter stating that the petitioner is a 'Vanavasi' and such a certificate can be issued. 4. But, the Tahsildar has not issued a certificate so far, which has compelled the petitioner to file this writ petition. The petitioner has approached the District Collector in the matter as per Ext.P7. 5. The learned counsel for the petitioner brought to my notice the provisions of the Kerala Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the concerned rules. It is submitted that the revenue authorities are competent to issue certificate. There will be a direction to the District Collector to take a decision on Ext.P7 after verifying the certificates produced by the petitioner, the report of the third respondent in the matter and any other documents produced by the petitioner. Appropriate action will be taken within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will W.P.(C). No.37051/2009 -:3:- produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms