Kerala High Court
K.J.Kuriakose vs The State Of Kerala on 18 May, 2021
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
W.P.(C) NO. 3480 OF 2020
PETITIONER/S:
1. K.J.KURIAKOSE
AGED 68 YEARS,
S/O.JOSEPH,
KUREEKOMBIL,
UPPUTHARA,
IDUKKI DISTRICT-685505
BY ADVS BIJU C. ABRAHAM
RESPONDENT/S:
1. THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2. THE STATE SPECIAL OFFICER AND COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM-695001
3. THE DISTRICT COLLECTOR,
IDUKKI DISTRICT,
COLLECTORATE,
IDUKKI-685603
4. THE TAHSILDR,
PEERMADE TALUK,
IDUKKI DISTRICT 685538
5. THE VILLAGE OFFICER
UPPUTHARA VILLAGE,
PEERMADE TALUK,
IDUKKI DISTRICT-685505
6. THE RANGE OFFICER
KANJIAR P.O., IDUKKI DISTRICT-685588
(CORRECTED AS)
THE RANGE OFFICER,
AYYAPPANCOVIL FOREST RANGE OFFICE,
KANCHIYAR P O, KANCHIYAR,
IDUKKI DISTRICT-685511
AS PER ORDER DATED 08-04-2021 IN IA NO.2/2021
W.P.(C) No.3480 of 2020
2
OTHER PRESENT:
SRI. SANDESH RAJA- SPL. G.P. (FORESTS)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3480 of 2020
3
JUDGMENT
The petitioner, who is sated to be the owner in possession of properties having an extent of 1.0117 ares and 0.001011 ares comprised in Survey Nos. 338/32 and 338/33 respectively of Upputhara Village, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 communication dated 31.01.2020 issued by the 4 th respondent Tahsildar, whereby the petitioner is informed that the 3rd respondent District Collector, vide letter No.K1-7072/2021 dated 17.01.2020, has informed the 4th respondent that the permission sought for to cut and remove trees standing on the property in question need not be granted, since there is a dispute relating to the ownership of that property. Therefore, the request made by the petitioner for land status report can not be considered. The petitioner has also sought for a writ of mandamus commanding 4th respondent Tahsildar and 5th respondent Village Officer to grant him certificate to produce before the 6 th respondent Range Officer, in order to cut, remove and transport teak trees standing on his property covered by Ext.P3 tax receipt dated 02.04.2019.
2. On 26.03.2021, when this writ petition came up for W.P.(C) No.3480 of 2020 4 consideration, the learned counsel for the petitioner sought time to file an application to correct the description of the 6 th respondent appropriately. On 08.04.2021, the description of the 6 th respondent was corrected as Range Officer, Ayyappancovil Forest Range Office, Kanchiyar P.O., Kanchiyar, Idukki district, by the order dated 08.04.2021 in I.A. No.2 of 2021. The learned Special Government Pleader was directed to get instructions and the matter was ordered to be listed on 16.04.2021.
3. On 16.04.2021, the matter was adjourned to 18.05.2021, by directing the learned Special Government Pleader to file statement.
4. Today, when the matter is taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw this writ petition, since the petitioner proposes to sell his property.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.3480 of 2020 5 APPENDIX PETITIONER/S'S EXHIBITS EXHIBIT P1 - TRUE COPY OF THE SALE DEED NO.1139/82 OF PEERMADE SRO IN SURVEY NO.338/32 AND 338/33 WITH RESPECT TO 1.0117 AREAS AND 0.001011 ARES RESPECTIVELY OF PROPERTY EXHIBIT P2 - TRUE COPY OF THE JUDGMENT DATED 31.1.2019 PASSED BY THIS HON'BLE COURT IN WP(C)NO.1712/2019 EXHIBIT P3 - TRUE COPY OF THE TAX RECEIPT DATED 2.4.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P4 - TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 31.1.2020 EXHIBIT P5 - TRUE COPY OF THE PROCEEDINGS NO.GLR(LR)210/15/PER-TCO DATED 12.8.2016 OF THE SPECIAL OFFICER AND COLLECTOR EXHIBIT P6 - TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C)NO.40002/2016 AND CONNECTED CASES EXHIBIT P7 - TRUE COPY OF THE JUDGMENT DATED 27.8.2019 PASSED BY THIS HON'BLE COURT IN WP(C)NO.14765/2019