IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 12889 of 2008(H) --------------------------------------- PETITIONERS: ----------------------- 1. V.G.MADANAN, S/O.V.A.GOPALAN, AGED 56 YEARS, VANNERIJ HOUSE, ANTHIKKAD P.O., ANTHIKKAD VILLAGE, THRISSUR DISTRICT. 2. SUVARNA MADANAN, W/O.MADANAN, AGED 46 YEARS, -DO- -DO- 3. V.G.MOHANAN, S/O.V.A.GOPALAN, AGED 52 YEARS, -DO- -DO- 4. SUMY MOHANAN, W/O.MOHANAN, AGED 42 YEARS, -DO- -DO- 5. V.G.GOKULAN, S/O.V.A.GOPALAN, AGED 50 YEARS, -DO- -DO- 6. LATHA GOKULAN, W/O.V.G.GOKULAN, AGED 41YEARS, -DO- -DO- 7. N.A.SARADA, W/O.V.G.GOPALAN, AGED 80 YEARS, -DO- -DO- BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: ------------------------- 1. DIVISIONAL FOREST OFFICER, NENMARA DIVISION, PALAKKAD. 2. TAHSILDAR, CHITTOOR TALUK, PALAKKAD DISTRICT. 3. DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD. 4. SECRETARY, DEPARTMENT OF FORESTS AND WILDLIFE, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL. GP (FORESTS) SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008 ALONG WITH WPC NO. 12893 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12889/2008 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.568/80 OF SRO, PALAKKAD IN FAVOUR OF THE 1ST PETITIONER. EXT.P2(A): COPY OF THE SALE DEED NO.519/90 OF SRO, PALAKKAD IN FAVOUR OF THE 2ND PETITIONER. EXT.P2(B): COPY OF THE SALE DEED NO.521/90 OF SRO, PALAKKAD IN FAVOUR OF THE 3RD PETITIONER. EXT.P2(C): COPY OF THE SALE DEED NO.524/90 OF SRO, PALAKKAD IN FAVOUR OF THE 4TH PETITIONER. EXT.P2(D): COPY OF THE SALE DEED NO.525/90 OF SRO, PALAKKAD IN FAVOUR OF THE 5TH PETITIONER. EXT.P2(E): COPY OF THE SALE DEED NO.523/90 OF SRO, PALAKKAD IN FAVOUR OF THE 6TH PETITIONER. EXT.P2(F): COPY OF THE SALE DEED NO.522/90 OF SRO, PALAKKAD IN FAVOUR OF THE 7TH PETITIONER. EXT.P2(G): COPY OF THE SALE DEED NO.520/90 OF SRO, PALAKKAD IN FAVOUR OF THE 7TH PETITIONER. EXT.P3: PROCEEDINGS NO.CC.1491/73 DTD. 13/05/05 OF THE TALUK LAND BOARD, CHITTUR. EXT.P4(A): COPY OF THE TAX RECEIPT NO.15 DTD. 27/03/90 ISSUED BY THE TAHSILDAR, CHITTUR. EXT.P4(B): COPY OF THE TAX RECEIPT NO.70 DTD. 30/03/90 ISSUED BY THE TAHSILDAR, CHITTUR. EXT.P4(C): COPY OF THE TAX RECEIPT NO.32 DTD. 21/02/95 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. EXT.P4(D): COPY OF THE TAX RECEIPT NO.5593312 DTD.4/05/95 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. EXT.P4(E): COPY OF THE TAX RECEIPT NO.6778187 DTD. 24/09/07 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. Kss ..2/- ...2.... WPC.NO.12889/2008 H EXT.P4(F): COPY OF THE TAX RECEIPT NO.6778191 DTD. 24/09/07 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. EXT.P5: COPY OF THE PROCEEDING OF THE RANGE OFFICER, KOLLANGODE RANGE PERMITTING THE PETITIONERS TO CUT TREES FROM THE PROPERTY. EXT.P6: COPY OF THE SKETCH OF THE PROPERTIES OF THE PETITIONERS. EXT.P7: POSSESSION CERTIFICATE NO.1218/05 DTD. 5/05/05 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. EXT.P8: COPY OF THE NOTIFICATION NO.B2-3590/01 DTD. 28/04/01. EXT.P9: COPY OF THE LETTER NO.87/08 DTD. 08/04/08 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA. RESPONDENT'S ANNEXURES: ANNEXURE R1(A):COPY OF JUDGMENT IN MFA 395/1981. ANNEXURE R1(B):COPY OF NOTIFICATION NO.B2-3590/01 DTD.24/4/2001. ANNEXURE R1(C):COPY OF LETTER NO.A3-2968/2000 (VOL.III) DTD. 2/2/08 OF THE DIVISIONAL FOREST OFFICER,NEMMARA. ANNEXURE R1(D):COPY OF PAPER PUBLICATION DTD. 9/05/2001 IN 'DESHABHIMANI' AND 'MALAYALA MANORAMA' DAILIES. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J ============== W.P.(C).Nos. 12889 & 12893 OF 2008 ==================== Dated this the 4th day of July, 2008. J U D G M E N T The petitioners in these two writ petitions are challenging notifications issued under the Kerala Private Forest (Vesting and Assignment) Act, 1971, notifying certain properties which the petitioners purchased as vested forests. That notification was issued in 2001. Normally, the petitioners should have challenged the notification by filing an O.A. before the appropriate Forest Tribunal. Instead, the petitioners have approached this Court on the ground that they could not challenge the notification at the appropriate time within the period prescribed under the Act, since they were not made aware that the petitioners' properties were notified under the Act, at any time. According to them, they could not have known that also because the petitioners were not made aware of the survey numbers of their properties in so far as all along the same had been shown as un-surveyed land in their documents. They would further submit that at no point of time, the revenue authorities had informed them about the survey W.P.(C).Nos. 12889 & 12893 OF 2008 2 numbers assigned to the petitioners' properties. They would rely on Ext.P2 in W.P.(C).No.12893/08, issued by the District Collector to show that the District Collector has after obtaining information from the concerned Divisional Forest Officer to the effect that the properties of the petitioners' are not included in any notifications declaring the same as forest or ecologically fragile land at any time informed them so and it is relying on that certificate that they have purchased the land. That is the reason why they could not approach Forest Tribunal within the time stipulated under the Act and Rules. 2. Learned Special Government Pleader(Forest) would deny the above said contention. He would submit that it is for the petitioners to state all these facts in an O.A. challenging the notification under the Act seeking condonation of delay in filing the O.A. by filing appropriate petition in that regard. After hearing both sides, I am of opinion that the petitioners should file O.As against the impugned notifications as provided under the Act. I make it clear that it would be open to the petitioners to seek condonation of delay in so far as the Supreme W.P.(C).Nos. 12889 & 12893 OF 2008 3 Court has held that Section 5 of the Limitation Act are applicable to proceedings before Tribunals also. Accordingly, without prejudice to the right of the petitioners to file O.As against the impugned notification before the appropriate Forest Tribunal, seeking condonation of delay in filing the same, these writ petitions are closed. In the meantime, status quo as on today shall be maintained for a period of one month to enable the petitioners to approach the Tribunal. S.SIRI JAGAN, JUDGE bkn/-