IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 20555 of 2008(V) -------------------------- PETITIONER: ------------ 1. JESSY JOSEPH, D/O.M.C.JOSEPH, MARUTHUMOOTTIL HOUSE, MANKAYAM, VELLARIKKUNDU.P.O, KASARAGODE DISTRICT. 2. JEMINI JOSEPH, D/O.M.C.JOSEPH, MARUTHUMOOTTIL HOUSE, MANKAYAM, VELLARIKKUNDU P.O, KASARGODE DT. BY ADV. SRI.P.NARAYANAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE FOREST RANGE OFFICER, KANHANGAD. 3. THE SPL.THAHSILDAR (LR),KASARGODE, 4. THE VILLAGE OFFICER, BALAL, KASARGODE DISTRICT. BY SPECIAL G.P. SHRI.RENJITH THAMBAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 20555 of 2008 ================== Dated this the 8th day of August, 2008 J U D G M E N T The petitioners are challenging Ext.P6 notice whereby their father has been directed by the Village Officer, Balal, to produce certificate of purchase obtained as per SMP No.5184/1975 dated 18.1.1977 for cancelling the same. The petitioners submit that their father obtained the said property pursuant to detailed proceedings under the Kerala Land Reforms Act, which culminated in Ext.P1 certificate of purchase, which cannot be interfered with by the Village Officer and if at all anybody can cancel the same, that is only the Land Tribunal and not anybodyelse. They would submit that, that also can only be after hearing the petitioners. The learned Government Pleader, on instructions, submits that Ext.P6 proceedings were initiated on the belief that the property in question forms part of vested Forest. But now on enquiry it is found that the said property is outside the jhanda placed in 1986-87 and therefore, the same is not part of the vested Forest. Therefore, Ext.P6 proceedings have been initiated wrongly. Accordingly, Ext.P6 is quashed and the writ petition is allowed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2