IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 OP.No. 21188 of 1999(V) ---------------------------------- PETITIONERS: --------------------- 1. CHERIOMANA NAIR, AGED 68, S/O. K. NARAYANAN NAIR, RESIDING AT PULIYATHINKAL HOUSE, CHUNDA.P.O., CHERUPUZHA (VIA), THALIPARAMBU TALUK, KANNUR DISTRICT, KERALA. 2. ANNA KUTTY MANUAL, W/O. MANUAL @ PAPPACHAN, AGED 55 YEARS, PUTHAKIDIL HOUSE, EDAVARAMBA.P.O., CHERUPUZHA (VIA), KANNUR DISTRICT. 3. ROSAMMA PADIKKAL, W/O.LATE LONAPPAN, AGED 75 YEARS, RESIDING AT PADIKKAL HOUSE, PALAVAYAL.P.O., KASARGODE DISTRICT. 4. SMT. MARIYAMMA KALAVANAL, W/O. LATE M.M. VARKEY, AGED 72 YEARS, RESIDING AT MOOLACHALIL HOUSE, PALAVAYAL.P.O., KASARGOD DISTRICT. BY ADV. MR.GEORGE VARGHESE. RESPONDENTS: ------------------------ 1. THE ASST. CONSERVATOR OF FORESTS, VIRAJPET SUB DIVISION, VIRAJPET, KODAGU DISTRICT, KARNATAKA STATE, PIN – 571 218. 2. STATE OF KARNATAKA, REPRESENTED BY THE CHIEF SECRETARY, VIDHAN SOUDH, BANGALORE – 560 001. O.P. NO. 21188/1999-V: 3. FOREST RANGE OFFICER, MUNDROTE RANGE, CHUNDA.P.O., THALIPARAMBU TALUK, KANNUR DISTRICT. R3 BY ADDL. ADVOCATE GENERAL MR. RENJITH THAMPAN, GOVT. PLEADER MR. SANDESH RAJA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 21188/1999-V: APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF THE OWNERSHIP CERTIFICATE DTD. 29/03/99 ISSUED BY SECRETARY, PERUNGOM VAYAKKARA PANCHAYATH TO THE P.1. P.1.A: -DO- -DO- DTD. 30/07/99 ISSUED TO THE P.2. P.1.B: -DO- -DO- DTD. 30/07/99 ISSUED TO THE P.3. P2: COPY OF THE BUILDING TAX RECEIPT DTD 29/03/99 ISSUED BY THE SECRETARY, PERINGOM VAYAKKARA PANCHAYATH TO THE P.1. P2.A: -DO- -DO- DTD. 18/10/96 ISSUED TO THE P.2. P3: COPY OF THE NOTICE DTD. 23/07/99 ISSUED BY R1 TO P.1. P3.A: -DO- -DO- ISSUED BY R1 TO P.2. P3.B: -DO- -DO- ISSUED BY R1 TO P.3. RESPONDENTS' EXHIBITS: R1.A: COPY OF THE LETTER NO. 2466 DT. 15/09/1938 ADDRESSED BY THE CHIEF FOREST OFFICER, COORGE TO THE SECRETARY TO THE CHIEF COMMISSIONER OF COORGE, BANGALORE. R1.B: COPY OF THE NOTIFICATION NO. R. DIS.174/477-88 UNDER SECTION 4 OF THE INDIAN FOREST ACT 1927 ISSUED IN PART I OF THE COORG GAZETTE DT. 31/10/1938. R1.C: EXTRACT OF THE RESURVEY AND SETTLEMENT REGISTER OF DESOM NO. 36 OF PULINGOME VILLAGE ISSUED BY THE VILLAGE OFFICER, PULINGOME ON 03/03/1999. R1.D: MAP (TOPE SHEET) OF MUNDROTE RANGE OF KARNATAKA STATE. R1.E: COPY OF THE SURVEY SKETCH OF SY.NO.124/2 OF PULINGOME VILLAGE (PREPARED BY THE REVENUE INSPECTOR, PAYYANNUR ON 29/11/1937). //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.No. 21188 of 1999 ================== Dated this the 20th day of March, 2009 J U D G M E N T The petitioners are agriculturists, who claim to be in possession of certain lands, in respect of which, proceedings have been initiated by the Karnataka Forest Department for eviction, by Ext.P3 series of notices. The petitioners are challenging Ext.P3 series of notices. Their contention is that the lands in question absolutely belong to them and the Karnataka Forest Department has no manner of right over the same. 2. A counter affidavit has been filed by respondents 1 and 2, who are the Assistant Conservator of Frosts of Karnataka State and the State of Karnataka. According to them, the property in question falls within the Karnataka State and therefore, this Court has no jurisdiction to entertain this original petition at all. They would further submit that the properties in question was purchased by the Government of Karnataka in 1937 from the State of Madras and the same belong to the Karnataka State. 3. I have heard both sides. 4. I am not inclined to entertain the challenge against Ext.P3 series of notices in so far as they are only notices directing the petitioners to appear for a hearing on 17.8.1999, directing them to o.p.21188/99 2 produce documents, if any, issued by the Kerala Revenue Department or the Karnataka Revenue Department for legal possession of the land in question. If the petitioners have sufficient documents to prove the title over the property, the petitioners can very well produce the same before the 1st respondent, who has issued Ext.P3 series of notices. Therefore, without prejudice to such right of the petitioners, this original petition is dismissed. However, I make it clear that further proceedings shall be only after issuing a fresh notice to the petitioners and granting them an opportunity to present their case. I express no opinion about the contention regarding the territorial jurisdiction of this Court in respect of the subject matter, raised by respondents 1 and 2, which is left open to be agitated in appropriate proceedings. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 21188 of 1999-V ================== J U D G M E N T 20th March, 2009