Kerala High Court
Joseph vs Special Tahsildar on 22 September, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY,THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935
WP(C).No. 25783 of 2013 (W)
---------------------------------------
PETITIONER(S):
-----------------------
JOSEPH, AGED 79 YEARS,
S/O.OUSEPH, KUTTIYANIKKAL HOUSE, ASARIKAD P.O.
THRISSUR.
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S):
-------------------------
1. SPECIAL TAHSILDAR,
LAND ASSIGNMENT, UNIT NO.2, THRISSUR - 680 001.
2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR - 680 001.
3. SECRETARY TO THE GOVERNMENT,
FOREST DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
BY SENIOR GOVERNMENT PLEADER JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-10-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 25783 of 2013 (W)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT.P-1: TRUE COPY OF THE PATTA NO.B4-4290/99 DATED 22.9.2001
EXT.P-2: TRUE COPY OF THE REPRESENTATION DATED 3.7.2013 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
---------------------------------------
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 25783 of 2013
--------------------------------------------
Dated this the 22nd day of October, 2013
JUDGMENT
Ext.P1 Patta was issued to the petitioner under the relevant provisions of the Kerala Land Assignment ( Regulation of Occupation of Forest Lands prior to 01-01-1997) Special Rules, 1993 in respect of the rights and liberties over 1 acre ( 0.4047 hectors) of land. It is pointed out that O.P.No.14276/1993 came to be filed by the Nature Lovers Movement challenging the steps being taken by the State Government to regularize unauthorised occupation and encroachment of Forest lands . The said original petition came to be dismissed as per judgment dated 7.10.1999 rendered by the Full Bench of this Court. Challenging the said verdict, the original petitioner approached the Supreme Court by filing Civil Appeal No. 2116/2000. It was during the pendency of this matter before the Apex Court, that Ext.P1 Patta came to be issued to the petitioner and in the said circumstance, an endorsement was made on Ext.P1 Patta that, it was issued subject to the result of the matter pending consideration before the Apex Court . The case of the petitioner is that, the matter stands finalised by virtue of the judgment rendered by the Apex Court on 20.03.2009, as reported in JT 2009(5) SC 127 ( Nature Lovers Movement v. State of Kerala & Others ), whereby the civil Appeal preferred by W.P.C. No. 25783 of 2013 -2- the Nature Lovers Movement was dismissed and the verdict passed by the Full Bench of this Court has been upheld. Despite the position as above and the request made by the petitioner, no positive steps are being taken by the respondents to delete the endorsement made on Ext.P1 and hence the writ petition.
2. Heard the learned Government Pleader as well.
3. In the above circumstances, this Court finds that the petitioner is entitled to succeed. There will be a direction to the first respondent to delete the adverse entry in Ext.P1 and issue a corrected Patta in the name of the petitioner. The proceedings as above shall be finalised at the earliest, at any rate within 'one month' from the date of receipt of a copy of this judgment. The petitioner shall surrender the original of Ext.P1 as and when demanded by the first respondent for further steps.
The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-