IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 17312 of 1999(J) ----------------------- PETITIONER: ------------ 1. T.C. ISSAC, S/O. LATE KOCHICKA CHACKO, THECHERIL PRAYER, PANDANAD (N)P.O., KALLISSERI, CHENGANNUR. 2. T.C. CHACKO ABRAHAM, S/O. LATE KOCHICKA CHACKO OF DO DO. 3. JOSEPH CHACKO, S/O. LATE KOCHICKA CHACKO OF DO DO BY ADV. SRI.P.RAVINDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REP BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF SURVEY & LAND RECORDS, KOLLAM. 4. THE TAHSILDAR, PATHANAPURAM. 5. THE DIVISIONAL FOREST OFFICER, THENMALA. BY SPECIAL GOVERNMENT PLEADER SRI,. RENJITH THAMPAN SRI.S.JAMES VINCENT SMT.SUSHEELA R.BHAT THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13.2.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NOS.28244 & 28245 OF 1999 IN OP.NO.17312 OF 1999 DISMISSED 13.2.2008 SD/= P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE JUDGMENT IN SA.NO.777/75 DTD 3.10.79. EXT.P2 COPY OF THE DECREE IN SA.NO.777/75 DTD 3.10.79. EXT.P3 COPY OF THE PETITION SUBMITED BY THE PETITIOENRS' FATHER BEFORE THE DISTRICT COLLECTOR KOLLAM DTD 5.11.84. EXT.P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS' FATHER BEFORE THE DISTRICT COLLECTOR KOLLAM DTD 28.12.84. EXT.P5 COPY OF THE COMMUNICATION ISSUED BY THE R4 NO.D.5651/86 DTD 26.12.86 TO THE PETITIONERS' FATHER. EXT.P6 COPY OF THE JUDGMENT IN OP.4351/87 DTD 30.7.87. EXT.P7 COPY OF THE JUDGMENT IN CCC.NO.46/89 DTD 21.6.89. EXT.P8 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS' FATHER DTD 28.7.89. EXT.P9 COPY OF THE ORDER OF THE DISTRICT COLLECTOR, KOLLAM NO.SY.1/55717/90 DTD 15.9.90 TO R3. EXT.P10 COPY OF THE JUDGMENT IN OP.6286/91 DTD 23.11.98. EXT.P11 COPY OF THE NOTICE ISSUED BY R4 TO THE 1ST PETITIONER DTD 16.4.99. EXT.P12 COPY OF THE ORDER OF R4 TO THE 1ST PETITIONER DTD 27.4.99. EXT.P13 COPY OF THE NOTICE ISSUED BY R5 TO THE PETITIONERS DTD 20.5.99 RESPONDENTS' EXHIBITS: EXT.R1(A) COPY OF SURVEY SKETCH OF THE PROPERTY /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.17312 OF 1999-J -------------------------------------------------------------- Dated this the 13th day of February, 2008. JUDGMENT The petitioners have in this original petition, prayed for the following main reliefs: “a. issue a writ in the nature of certiorari, or any other such appropriate writ, order or direction, call for the records leading up to Exts.P12 and P13 and quash the same; b. issue a writ in the nature of mandamus or any other such appropriate writ, order or direction commanding the respondents 3 and 4 to immediately prepare the survey sketch and plan of the petitioner's properties situated in Survey No.872/1/12 of Edamon Village as surveyed and demarcated pursuant on Ext.P11 notice and to communicate the same in accordance with law, and in compliance of Ext.P10 judgment. 2. When the original petition came up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners are presently pursuing only the relief in prayer (b) and that the respondents may be directed to furnish to the petitioners, the survey sketch and plan of the property in Survey No.872/1/12 OP.NO.17312/199 . 2 of Edamon village, prepared pursuant to Ext.P11. 3. In the counter affidavit dated 8. 3.2000 sworn to on behalf of the respondents, the Deputy Secretary to Government, Forest and Wild Life Department has stated as follows: “As per Ext.P10 judgment dated 23.11.1998 in O.P.No.6286/1991, this Hon'ble Court ordered the respondents to survey and demarcate the properties and to intimate the result of the survey to the petitioner within a period of four months from the date of receipt of the judgment. Accordingly, survey was conducted in the area identified by the petitioner on 23.4.1999, and the result of survey was intimated the petitioner, by Ext.P12 issued by the Tahsildar, on 27..4.1999 and by Ext.P13 issued by the Divisional Forest Officer on 20.5.1999. The area pointed out by the petitioner is part of a virgin forest land notified as Ariankavu Reserve Forest, which is under the control and possession of the Forest Department and which was never under the enjoyment of the petitioner or his predecessors. The petitioner was duly intimated by Exts.P12 and P13 letters.” 4. The respondents have not denied the positive averment made by the petitioner in Paragraph 8 of the original petition that respondents 3 and 4 are taking the stand that there was no completed survey or any demarcation due to the objection of the OP.NO.17312/199 . 3 Forest Department. On the other hand, Ext.P13 letter dated 20.5.1999 sent by the Divisional Forest Officer, Thenmala discloses that a survey was in fact held and the boundaries fixed. 5. After hearing the learned counsel appearing on either side and on going through the counter affidavit filed by the respondents, I am of the view that this original petition can be disposed of by directing the respondents to furnish to the petitioners a certified copy of the sketch prepared after the survey held on 23.4.1999 pursuant to the direction issued by this Court in Ext.P10 judgment, within a period of two months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment before 3rd respondent and on receipt of the same, the 3rd respondent shall with notice to the 2nd respondent take steps to furnish to the petitioners a copy of the sketch and plan prepared after the survey held on 23.4.1999. I make it clear that I have not expressed any opinion on the entitlement of the petitioners to obtain possession of the lands situated in Survey No.872/1/12 of Edamon village. The original petition is disposed of as above. No costs. P.N. RAVINDRAN, JUDGE. cl OP.NO.17312/199 . 4 P.N. RAVINDRAN, J. O.P.NO.17312 OF 1999-J JUDGMENT 13th February, 2008. OP.NO.17312/199 . 5