IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 OP.No. 30863 of 2000(Y) ------------------------------- PETITIONER(S): ----------------------- 1. SAKTHI AGGREGATES PRIVATE LIMITED, VAMBALUR, THENKURISSI, PALAKKAD - 678 502, REPRESENTED BY ITS DIRECTOR P.GOPALAKRISHNAN NAIR. 2. P.GOPALAKRISHNAN NAIR, “VISHNU KRIPA” YAKKARA, PALAKKAD. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENT(S): ------------------------ 1. THE FOREST RANGE OFFICER, ALATHUR. 2. THE DIVISIONAL FOREST OFFICER, NANMARA. 3. THE TAHSILDAR, TALUK OFFICE, ALATHUR. 4. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.R. SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 30863 of 2000(Y) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - A TRUE PHOTOCOPY OF THE CERTIFICATE OF INCORPORTION DATED 26.5.2000. EXT.P2 - A TRUE PHOTOCOPY OF THE SALE DEED NO. 1461/2000, DATED 7.6.2000. EXT.P3 - A TRUE PHOTOCOPY OF THE SALE DEED NO. 1462/2000 DATED 7.6.2000. EXT.P4 - A TRUE PHOTOCOPY OF THE CERTIFICATE AND SKETCH DATED 01.01.1998. EXT.P5 - A TRUE PHOTOCOPY OF THE LOCATION CERTIFICATE DATED 20.10.1998. EXT.P6 - A TRUE PHOTOCOPY OF THE ENCUMBARANCE CERTIFICATE AND BOUNDARIES OF THE PROPERTY DATED 22.10.1998. EXT.P7 - A TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 20.10.1998. EXT.P8 - A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT, DATED 29.10.1998. EXT.P9 - A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT, DATED 17.8.2000. EXT.P10 - A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 17.8.2000. EXT.P11 - A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 17.8.2000. EXT.P12 - A TRUE PHOTOCOPY OF THE BASIC TAX REGISTER DATED 1.9.2000. EXT.P13 - A TRUE PHOTOCOPY OF THE PLAN AND SKETCH DATED 23.10.1998. EXT.P14 - A TRUE PHOTOCOPY OF THE ORDER OF CONSENT DATED 31.7.2000. EXT.P15 - A TRUE PHOTOCOPY OF THE ORDER AND CERTIFICATE DATED 24.7.2000. EXT.P16 - A TRUE PHOTOCOPY OF THE PERMIT AND APPROVED PLAN DATED 2.8.2000. EXT.P17 - A TRUE PHOTOCOPY OF THE REPORT DATED 20.9.2000. EXT.P18 - A TRUE PHOTOCOPY OF THE ORDER IN CRL.MP. 1289/2000 DATED 29.9.2000. EXT.P19 - A TRUE PHOTOCOPY OF THE RECEIPT DATED 5.9.2000. EXT.P20 - A TRUE PHOTOCOPY OF THE REPORT & SKETCH, DATED 27.10.2000. OP.No. 30863 of 2000(Y) RESPONDENTS' EXHIBITS: EXT.R2(a) - PHOTOCOPY OF NOTIFICATION NO.D.1383/77 DATED 29.7.1977 OF THE CUSTODIAN OF VESTED FORESTS, PALAKKAD. EXT.R2(b) - PHOTOCOPY OF VFC ITEM SKETCH. EXT.R2(c) - PHOTOCOPY OF PURCHASE CERTIFICATE NO.79/1998 ISSUED IN SM CASE NO. 467/1997 OF THE LAND TRIBUNAL, KUZHALMANNAM. EXT.R2(d) - PHOTOCOPY OF REGISTERED DEED NO. 420/1997. EXT.R2(e) - PHOTOCOPY OF REGISTERED DEED NO. 1885/1998. / TRUE COPY / PA TO JUDGE rhs S.SIRI JAGAN, J ================== O.P.No.30863 of 2000 ================== Dated this the 20th day of October, 2008. J U D G M E N T The petitioners have filed this writ petition seeking direction to the respondents 1 and 2 and their officers not to interfere with the peaceful possession and enjoyment of the petitioners in respect of 0.9045 hectares of land in Sy.Nos. 333/1, 333/3 and 333/4 of Thenkurissi - II Village, Alathur Taluk, Palakkad District covered by Exts.P2 and P3 sale deeds and Ext.P4 certificate. The respondents 1 and 2 have sought to interfere with the possession and enjoyment of the petitioners in respect of the property on the ground that it is a private forest vested with the Government. The petitioners have subsequently filed O.A.No.30/2005, before the Forest Tribunal, Kozhikode, in which Forest Tribunal has held us follows: “In the result, the original application is allowed. No costs. It is declared that the petition schedule properties are not private forest lands within the definition of the Vesting Act. If the respondents have taken possession of the disputed properties, the same shall be restored to the possession of the petitioner. A copy of this order shall be forwarded to the government as provided by rule 10(2) of the Kerala Private Forests (Tribunal) Rules.” 2. The petitioners' contention is that, in view of the said judgment of the Forest Tribunal the property has become O.P.No.30863 of 2000 - 2 - absolute property of the petitioners and the respondents cannot in any way interfere with the possession of the property on the ground that it is liable to be vested with the Government as private forest. It is not disputed before me by the learned Special Government Pleader that the judgment in O.A.30/05 is still in force. As long as the same continues to be in force, the respondents cannot interfere with the possession and enjoyment of the property by the petitioners. It is declared so, and there would be a direction to the respondents to that effect. The Original Petition is allowed as above. S.SIRI JAGAN, JUDGE rhs