IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 20442 of 2008(H) ------------------------------------ PETITIONER : ---------------- DEVASIA PAULOSE, PARAPPURATH HOUSE, P.O.EDIVANNA, MOOLEPPADAM, NILAMBOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENTS : ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (NORTHERN REGION), KOZHIKODE. 3. THE DIVISIONAL FOREST OFFICER, NILAMBOOR, MALAPPURAM DISTRICT. 4. THE DEPUTY RANGE OFFICER, FOREST STATION, MOOLEPPADAM, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20442 of 2008(H) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1: TRUE COPY OF THE ASSIGNMENT DEED OF SRO, WANDOOR DATED 27.11.1974 EXT.P2: TRUE COPY OF THE PATTA NO.277/92 ISSUED BY THE MANJERI LAND TRIBUNAL DATED 30.10.1992 EXT.P3: TRUE COPY OF THE PATTA NO.508 OF FEBRUARY 1981 ISSUED BY THE MANJERI LAND TRIBUNAL EXT.P4: TRUE COPY OF THE BASIC TAX RECEIPT FOR 2.22 ACRES OF LAND FOR THE YEAR 79-80 EXT.P4(a): TRUE COPY OF THE BASIC TAX RECEIPT FOR 2.22 ACRES OF LAND FOR THE YEAR 2007-2008 EXT.P5: TRUE COPY OF THE BASIC TAX RECEIPT FOR 2.75 ACRES OF LAND FOR THE YEAR 1981-82 EXT.P5(a): TRUE COPY OF THE BASIC TAX RECEIPT FOR 2.75 ACRES OF LAND FOR THE YEAR 2007-2008 EXT.P6: TRUE COPY OF THE POSSESSION CERTIFICATE FOR 2.75 AND 2.222 COMPRISED IN R.S.NO.1/1 OF AKAMPADAM VILLAGE DATED 11.01.1996 EXT.P7: TRUE COPY OF THE POSSESSION CERTIFICATE FOR BOTH THE PLOTS DATED 10.04.2002 EXT.P8: TRUE COPY OF THE RUBBER BOARD REGISTRATION NO.PD/2-NR/A/86/320 OF 0.80 HECTRES OF LAND IN AKAMPADAM VILLAGE DATED 23.07.1987 EXT.P9: TRUE COPY OF THE RUBBER BOARD REGISTRATION FOR RUBBER CULTIVATION NO.PD2NR87A0083 DATED 10.02.1988 EXT.P10: TRUE COPY OF THE KISAN CREDIT CARD SHOWING THE LOAN PARTICULARS FROM THE SOUTH MALABAR GRAMIN BANK EXT.P11: TRUE COPY OF THE NOTICE O.R.8/07 DATED 01.06.2008 EXT.P12: TRUE COPY OF THE REPLY BY THE PETITIONER BEFORE THE DEPUTY RANGER OFFICER, FOREST STATION, MOOLEPPADAM DATED 07.06.2008 -TRUE COPY- P.A. TO JUDGE pac V.GIRI, J ------------------- W.P.(C).20442/2008 -------------------- Dated this the 23rd day of October, 2008 JUDGMENT Petitioner is apprehensive about the steps allegedly taken by the respondents to prevent/destroy him from cutting and removing the rubber trees from the land having an extent of 4.97 acres owned by him. In the counter affidavit filed by the third respondent, it is stated as follows:- It is submitted that there is no objection in cutting the rubber trees from the land which is in the actual ownership of the petitioner. The offence is booked for encroaching the forest land and it is the duty of the forest officials to protect the forest land free from encroachment and forest offences. 2. In these circumstances, I do not think that there is any real grievance which subsists in so far as the petitioner is concerned. W.P.(C).20442/2008 2 3. In the result, writ petition is disposed of declaring that the respondents shall not obstruct the petitioner from cutting and removing the rubber trees from the property in his possession, in relation to which no dispute is entertained by the Forest Officials. V.GIRI, Judge mrcs