Kerala High Court
Sebastian vs State Of Kerala
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 19TH DAY OF DECEMBER 2017/28TH AGRAHAYANA, 1939
WP(C).No. 13222 of 2017 (C)
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PETITIONER(S):
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1. SEBASTIAN, S/O.JOSEPH,
AGED 61 YEARS, CHANATTIL HOUSE,
PULAYAMPARA, NELLIYAMPATHY,
PALAKKAD, PIN -678 508.
2. SIMON JOSEPH, S/O.JOSEPH
AGED 57 YEARS, CHANATTIL HOUSE,
POOLAN, KURUPPAM, KUNNAPPILLY,
THRISSUR -680 311.
BY ADVS.SRI.S.NIDHEESH
SMT.M.R.JAYALATHA
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD-678 001.
3. THE SUB REGISTRAR
OFFICE OF THE SUB REGISTRAR, NENMARA P.O,
PALAKKAD DISTRICT - 678 511.
4. THE DIVISIONAL FOREST OFFICER,
NENMARA, NENMARA P.O.,
PALAKKAD DISTRICT-678 511.
5. THE TAHSILDAR, CHITTOOR TALUK
CHITTOOR P.O, PALAKKAD DISTRICT-678 101.
BY SPECIAL GOVT. PLEADER (FOREST) SRI.SANDESH RAJA.K.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-12-2017 ALONG WITH WPC.20453/2017, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 13222 of 2017 (C)
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE RELEVANT PAGE OF PATTA ISSUED
TO C.V.JOSEPH.
EXHIBIT P2: A TRUE COPY OF THE DOCUMENT BEARING NO.1571/96
DATED 14.5.96.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO.3155 OF 2016 DATED 9.11.2016.
EXHIBIT P4: A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 15.6.2016.
EXHIBIT P5: A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 25.7.2016.
EXHIBIT P6: A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 25.1.2017 ISSUED BY VILLAGE OFFICER
NELLIYAMPATHY ISSUED TO SEBASTIAN.
EXHIBIT P7: A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 25.1.2017 ISSUED BY VILLAGE OFFICER
NELLIYAMPATHY ISSUED TO SIMON.
EXHIBIT P8: A TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT
COLLECTOR PALAKKAD DATED 18.12.96.
EXHIBIT P9: A TRUE COPY OF THE COMMUNICATION ISSUED BY
DISTRICT COLLECTOR PALAKKAD DATED 20.1.2017.
EXHIBIT P10: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE
DIVISIONAL FOREST OFFICER, NENMARA
DATED 21.2.2017.
EXHIBIT P11: A TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE DIVISIONAL FOREST OFFICER
DT. 8.11.2011.
EXHIBIT P12: A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT W.A.NO.2080 OF 2009 DATED 21.1.2010.
EXHIBIT P13: A TRUE COPY OF THE DRAFT SALE DEED.
EXHIBIT P14: NIL
EXHIBIT P15: A TRUE COPY OF THE PHOTOGRAPH SHOWING THE
RESIDENTIAL HOUSES AND PROPERTIES IN
PULLAYANPARA, NELLIYAMPATHY.
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WP(C).No. 13222 of 2017 (C)
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EXHIBIT P16: A TRUE COPY OF THE RELEVANT PAGES OF FIELD DATA
INFORMATION FOR ESA/NON ESA.
EXHIBIT P17: A TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX
REGISTER ISSUED BY THE VILLAGE OFFICER
NELLIYAMPATHY.
RESPONDENTS' EXHIBITS & ANNEXURES:
ANNEXURE R4A: TRUE COPY OF THE RESERVE FOREST NOTIFICATION
PUBLISHED IN GAZETTE NO.XLIII DATED 8.5.1909.
ANNEXURE R4B: TRUE COPY OF THE RESERVE FOREST NOTIFICATION
PUBLISHED IN THE GAZETTE NO.LXVII
DATED 11.2.1933.
ANNEXURE R4C: TRUE COPY OF LETTER NO.C3-669/17
DATED 28.4.2017.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P.(C).Nos.13222/2017 & 20453/2017
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Dated this the 19th day of December, 2017
J U D G M E N T
The petitioners approached this Court aggrieved by the decision of the Sub Registrar, Nenmara, refusing to register the land belonging to the petitioner in Nelliyampathy Village, Chittur Taluk. The petitioners claim title based on patta. Taking note of the fact that the documents are created to transact forest land, the District Collector directed the Sub Registrar not to register such documents. The Sub Registrar, therefore, insisted for production of no objection certificate from the Forest Department. The petitioners submit that since they have a purchase certificate, there is no embargo for registering the document. The stand of the Forest Department is that if the land covered by the patta is in reserve forest, the petitioner in the guise of registration of a document cannot transfer a forest land to a third party over which the petitioners have no right or interest. That being the case, this issue can be resolved only by identifying the land belonging to the WPC 13222/2017 & 20453/2017 -:2:- petitioner. If the land covered by patta does not form part of reserve forest, certainly, the petitioners are entitled to register the same. Accordingly, the writ petitions are disposed of with the following directions:
i. The Tahsildar after issuing notice to the petitioners and the Forest Mini Survey Department shall identify the land covered by patta claimed by the petitioners.
ii. On identification, if it is found that the land is outside the reserve forest, certainly, the Sub Registrar shall register the document without insisting for production of no objection certificate.
iii. However, on identification, if it is found that the land is part of the forest land, certainly, the Sub Registrar shall not register such document. Needful shall be done by the Tahsildar within a period of three months from the date of receipt of a copy of this judgment. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms