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High Court of KeralaWP(C)/29915/2004disposed of

Abhirami Planations And Resorts Pvt.Ltd v. State Of Kerala

2015-11-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 29915 of 2004 (J) --------------------------------------- PETITIONER(S):

----------------------- ABHIRAMI PLANTATIONS AND RESORTS PVT. LTD., C.I.T. ROAD, KILLIPALAM, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR, MRS. SHEEBA SREEDAS NAMBOOTHIRI, AGED 36, W/O.SREEDAS NAMBOOTHIRI, RESIDING AT T.C.28/153, KAITHAMOOKKU, PATTAH, THIRUVANANTHAPURAM-695 024.

BY ADVS.SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S):

-------------------------

1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.

3. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM.

4. THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE.

5. THE TAHSILDAR, TALUK OFFICE, KUTTIADY.

6. THE VILLAGE OFFICER, KAVILUMPARA VILLAGE.

BY SPECIAL GOVERNMENT PLEADER SRI.M.P.MADHAVANKUTTY (FOREST) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 29915 of 2004 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF ORDER DTD.4.12.1976 OF THE KERALA FOREST TRIBUNAL, CALICUT.

EXT.P2: TRUE COPY OF JUDGMENT DTD.7.4.1978 IN MFA.NO.382/1977 OF THIS HON'BLE COURT.

EXT.P3: TRUE COPY OF JUDGMENT DTD.7.7.1992 IN RP.NO.218/1984 OF THIS HON'BLE COURT.

EXT.P4: TRUE COPY OF TAX RECEIPT DTD.12.7.1996 FOR RS.7789/- ISSUED TO THE PETITIONER FIRM.

EXT.P5: TRUE COPY OF TAX RECEIPT DTD.19.3.1998 FOR RS.4445/- NO.34 ISSUED TO -DOEXT.P6: TRUE COPY OF POSSESSION CERTIFICATE DTD.30.7.1996 ISSUED BY 6TH RESPONDENT TO THE PETITIONER FIRM.

EXT.P7: TRUE COPY OF JUDGMENT DTD.17.12.1998 IN OP.NO.8015/1998 OF THIS HON'BLE COURT.

EXT.P8: TRUE COPY OF REPRESENTATION DTD.3.12.2003 OFILED BY MANAGING DIRECTOR OF PETITIONER FIRM BEFORE THE REVENUE MINISTER, GOVERNMENT OF KERALA.

EXT.P9: TRUE COPY OF REPRESENTATION DTD.3.12.2003 FILED BY -D- BEFORE THE FOREST MINISTER, KERALA STATE.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 29915 of 2004 ================== Dated this the 23rd day of November, 2015

J U D G M E N T

The petitioner approached this Court challenging action of the respondents to refuse accept land tax and issue possession certificate in respect of the land in Sy. No.82 (re-survey No.175) of Kavilumpara Village.

2.

It was refused in view of the fact that the land in question is notified under the Kerala Forest (Vesting and management of Ecologically Fragile Lands) ordinance 2000. 3.

It is to be noted that there are series of writ petitions before this Court challenging notification. This was disposed by the Division Bench of this Court in Planters Forum v. State of Kerala [2015 (2) KLT 783] in which persons approached this Court was given liberty to approach the Tribunal under the above Act in terms of Sec.10(A) of the Act within one month. It is also to be noted that the petitioner had approached the Chief

W.P.(C).No. 29915 of 2004 - : 2 :- Conservator of Forest challenging the inclusion of the petitioner's land in the notification. Therefore this Court is of the view that the petitioner is also free to challenge the above decision of the CCF before the Tribunal.

Therefore, the following directions are issued:

If the petitioner approaches the Tribunal within one month from the date of receipt of the copy of this judgment, the Tribunal shall entertain the challenge and dispose the matter in accordance with the law within further period of six months. The possession certificate issued pursuant to interim direction will be subject to the decision of the Tribunal. The issuance of the possession certificate and acceptance of basic tax will be subject to the result of decision of the Tribunal.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE