IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 96 of 2010() ----------------------- (OR.4/2008 OF FOREST RANGE OFFICE, NILAMBUR) PETITIONER: ACCUSED: ----------------------- MADATHINGAL SADIQUE ALI, S/O.UMMER, MADATHINGAL HOUSE, VELIYAMTHODU, CHANDAKKUNU, NILAMBUR MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: STATE -------------------- 1. STATE OF KERALA REPRESENTED BY THE FOREST RANGE OFFICER NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE TAHSILDAR, TALUK OFFICE NILAMBUR MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.96 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER The petitioner and his wife are claimed to be the title holders of 1.33 acres of land comprised in Resurvey No.93/96- 2 of Nilambur Village, Nilambur Taluk of Malappuram District. The Northern boundary of the petitioner's property is reserve forest. As per Annexure A1 Survey Sketch prepared by the revenue authorities the petitioner requested the Forest Range Officer, Nilambur to permit him to construct a boundary wall on the northern boundary of their property. Accordingly the petitioner constructed the compound wall in accordance with Annexure A1 Survey Sketch as permitted by the Forest Officials. On 12/2/2008, the Forest Range Officer, Nilambur issued Annexure A3 notice to the petitioner informing him that he has encroached upon a portion of a forest land by constructing the compound wall. Consequently O.R.No.4/2008 was registered against the petitioner by the Forest Range Officer, Nilambur for an offence punishable under Section 27 (i)e(i) and (iv) of Kerala Forest Act 1962 for allegedly trespassing into 0.0030 hectors (about ¾ cents) of forest land. Crl.M.C.No.96/2010 : 2 : It appears that while preparing the survey sketch the revenue authorities had overlooked the survey sketch of Panayamkode Reserve Forest prepared by the State Archives Department Ernakulam Regional Office in the year 1925. In Annexure A5, letter by the Forest Range Officer, Nilambur to the Tahsildar, Nilambur in it is observed that it was the defect in the re- survey which had led to the above encroachment into the forest land and has requested the head of the revenue department to rectify the mistake in the survey. Annexure A5 letter indicates that the encroachment on the part of petitioner of about ¾ cents of forest land was not deliberate. If so, the authorities could have rectified the mistake in the re- survey proceedings and indicated the correct boundary to the petitioner who is willing to demolish the northern boundary wall and re-construct the wall along the correct boundary line. 2. This Criminal M.C. is accordingly disposed of directing the second respondent Tahsildar to rectify the mistake in the re-survey proceedings and plans with the aid of the Forest Range Officer, Nilambur and point out correct northern boundary of the petitioner's property whereupon the Crl.M.C.No.96/2010 : 3 : petitioner shall demolish the northern boundary wall and construct a fresh compound wall along with the northern boundary as pointed out to him. Thereupon O.R.No.4/2008 registered against the petitioner shall stand withdrawn. V.RAMKUMAR, JUDGE skj