Kerala High Court
John Joseph vs The Tahsildar on 15 October, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 30TH DAY OF OCTOBER 2014/8TH KARTHIKA, 1936
WP(C).No. 8892 of 2010 (J)
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PETITIONER(S):
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1. JOHN JOSEPH, S/O.JOSEPH
AGED 40 YEARS, VELUTHEDATH, PARAMBIL
ARIMANAL PO, KARUVARA KUNDU AMSOM, NILAMBUR TALUK.
2. BINDU JOSEPH, D/O.JOSEPH, AGED 30 YEARS,
ARIMANAL PO, KARUVARA KUNDU AMSOM
NILAMBUR TALUK.
3. MINI JOSEPH, D/O.JOSEPH,AGED 33 YEARS
VELUTHEDATH PARAMBIL, ARIMANAL PO
KARUVARAKUNDU AMSOM, NILAMBUR TALUK.
BY ADVS.SRI.K.V.PAVITHRAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENT(S):
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1. THE TAHSILDAR, ERNAD TALUK,
P.O.MANJERI.
2. ERNAD ADDITIONAL TAHSILDAR,
ERNAD TALUK, P.O.MANJERI.
3. THE VILLAGE OFFICER, PERAKAMANNA
PO. PERAKAMANNA, MANJERI (VIA).
4. STATE OF KERALA, REPRESENTED BY
SECRETARY TO THE REVENUE DEPARTMENT,
THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SRI. MUHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8892 of 2010 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 8646/2009.
EXHIBIT P2: TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT.
EXHIBIT P3: TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR.
EXHIBIT P4: TRUE COPY OF THE LETTER DATED 15.10.2009 OF THE FIRST
RESPONDENT ADDRESSED TO THE PETITIONER.
EXHIBIT P5: TRUE COPY OF THE CHALAN RECEIPT.
EXHIBIT P5(a): TRUE COPY OF THE CHALAN RECEIPT.
EXHIBIT P5(b): TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND
RESPONDENT FOR FIXING SURVEY BOUNDARIES.
EXHIBIT P5(c): TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND
RESPONDENT FOR FIXING SURVEY BOUNDARIES.
EXHIBIT P5(d): TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND
RESPONDENT FOR FIXING SURVEY BOUNDARIES.
EXHIBIT P6: TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT.
EXHIBIT P7: TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.16309 OF 2007.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
AK
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.8892 of 2010
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Dated this the 30th day of October, 2014
JUDGMENT
The petitioners purchased a total extent of 15 acres of land comprised in Re-survey No.11/1 in Block No.70 of Perakammanna Village in the year 2002. The revenue records show that the property is included in the vested forest land. Since doubt regarding accepting land tax has arisen, the Tahsildar, Eranad, has directed the petitioners to submit an application for subdivision survey to the Additional Tahsildar, Eranad. Accordingly, the petitioners submitted the subdivision survey. The subdivision survey was conducted and found that an encroachment has been made in the vested forest land. The Village Officer, therefore, returned the subdivision survey application stating the above finding. Thereafter, the petitioners have been served with notice under the Kerala Land Conservancy Act, 1958.
W.P.(C) No.8892 of 2010 2
2. The case of the official respondents is that the property is a vested forest land. The petitioners approached this Court on account of non-acceptance of land tax from the petitioners and also seeking a direction to consider his application for subdivision survey.
3. It is to be noted that a public interest litigation has filed W.P.(C) No.16309/2007 and this Court has directed the Government to remove the encroachers of the forest land in this area within six months. This judgment was rendered on 15.6.2009.
4. As facts now revealed, the survey division has been completed pursuant to the application submitted by the petitioners and it is found that the property is a vested forest land. If the petitioners have any objection against inclusion of any of their property as the forest land, their remedy is not before this Court. The property having now classified as forest W.P.(C) No.8892 of 2010 3 land, this Court cannot direct the respondents to accept land tax. However, the official respondents are bound to give details of the enquiry pursuant to Ext.P5 series. The details shall be furnished to the petitioners within a period of two months. The second respondent is directed to furnish the details based on Ext.P5 application and basis for treating it as forest land as mentioned in the counter affidavit. If the petitioners are unable to obtain any orders from any competent Tribunal against the proceedings against the property, after furnishing the details to the petitioners, within two months thereafter, the respondents are free to proceed against the petitioners property under the Kerala Land Conservancy Act to evict the petitioners.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln