IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 20017 of 2009(V) ------------------------------------------ PETITIONER(S): ------------------------ CHAMI, S/O.NAYADI, 53 YEARS, THANICKAPARAMBIL HOUSE, POST MELOOR, AMBALAPPARA, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, MR.R.SREEHARI. RESPONDENT(S): ---------------------------- 1. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICE, OLAVAKKOT, PALAKKAD. 2. THE VILLAGE OFFICER, AMBALAPPARA II VILLAGE, OTTAPALAM TALUK. R1 & R2 BY GOVERNMENT PLEADER MR. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009 ALONG WITH WPC NO. 20009 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C)s.20017 & 20009/2009 -------------------- Dated this the 3rd day of August, 2009 JUDGMENT Common issues are raised in these writ petitions. Therefore they have have been heard together and are being disposed of by a common judgment. I will refer to the facts in Writ Petition No.20009/2009 and the discussion regarding the same will be application to the connected writ petition also. 2. Petitioner is the owner of 37 cents of property in Sy Nos.11/3 and 11/4 of Ambalappara-II Village. He obtained it on succession from his father late Sankaran who in turn had purchased the same from one Parvathy @ Kunhimalu Amma under Ext.P1 sale deed. Properties in question along with larger extent was treated by the State as Private Forest and this was challenged by the predecessor in interest of the petitioner's father in O.A.11 of 1975 before the Forest Tribunal. By Ext.P3, the said extent along with other extent was declared to have not vested in terms of the provisions of the Kerala Private Forest (Vesting and Assignment) Act W.P.(C)s.20017 & 20009/09 2 and thereafter, petitioner's father had been paying the land tax in relation to the same, after he had obtained the same pursuant to Ext.P1 as evidenced by Ext.P4. Petitioner's grievance arose out of the refusal on the part of the respondents to thereafter accept the basic tax from him. Ext.P6 is the representation containing the petitioner's request for acceptance of basic tax. 3. Similar facts are involved in Writ Petition No.20017/2009 also. Learned Government Pleader, on instructions, submits that steps are being taken to de-notify the land in question and the request has already been forwarded to the Government. De-notification will be done taking note of the judgment by the Forest Tribunal within three months from the date of receipt of a copy of this judgment and thereafter basic tax shall be accepted from the owner of the property. Needful shall be done as undertaken above. Writ petitions are disposed of as above. V.GIRI, Judge mrcs