High Court of KeralaWP(C)/28260/2015disposed of

Mukkadan Plantations (P)Ltd. v. State Of Kerala

2015-10-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 28260 of 2015 (F) ---------------------------- PETITIONER:

------------------ MUKKADAN PLANTATIONS (P)LTD., KARINKAYAM P.O., KIZHAKENCHERI VILLAGE, ALATHUR, REPRESENTED BY ITS MANAGING DIRECTOR, MUKKADAN SABASTIAN.

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-695 001.

2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM, PIN-695 001.

3. THE CUSTODIAN OF VESTED FORESTS & CHIEF CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKODE, PALAKKAD, PIN-678 508.

4. THE DIVISIONAL FOREST OFFICER, NENMARA DIVISION, PALAKKAD, PIN-678 508.

5. THE DISTRICT COLLECTOR, PALAKKAD, PIN-678 508.

6. THE TAHSILDAR, ALATHUR, PALAKKAD, PIN-678 508.

BY SPECIAL GOVT. PLEADER SMT.SUSHEELA R.BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28260 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXT.P1.

TRUE COPY OF THE SALE DEED NO.1337/1989 DATED 13/7/1989. EXT.P2.

TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 5/2/1969. EXT.P3.

TRUE COPY OF THE PROCEEDINGS DATED 30/6/1988. EXT.P4.

TRUE COPY OF THE LETTER NO.C2/408/08 DATED 10/2/2008. EXT.P5.

TRUE COPY OF THE LETTER DATED 31/10/2012.

EXT.P6.

TRUE COPY OF THE LETTER NO.C2-8830/2012 DATED 5/11/2012. EXT.P7.

TRUE COPY OF THE LETTER NO.R-9066/12 OF THE DIVISIONAL FOREST OFFICER, NENMARA TO FOREST RANGE OFFICER, ALATHUR. EXT.P8.

TRUE COPY OF THE LETTER NO.A1.3186/2012 DATED 27/11/2012. EXT.P9.

TRUE COPY OF THE REQUEST TO THE PRINCIPAL SECRETARY OF FOREST.

EXT.P10.

TRUE COPY OF THE POSTAL RECEIPT DATED 6/7/2015. RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28260 of 2015 ****************************************************************************** Dated this the 12th day of October, 2015

JUDGMENT

The petitioner is a company. They claim to be the ownership of 244 acres of rubber plantation in Alathur Taluk in Palakkad. The petitioner has approached this Court on account of inaction on the part of the respondents in conducting a joint survey of the rubber plantation of the petitioner for obtaining a survey sketch.

The petitioner submits that they are prepared to meet the entire expenses. Apparently, the petitioner wants to resolve some issues relating to identification of the property to avoid any further dispute claiming it as a part of the Forest Land.

Therefore, this Court is of the view, the second respondent shall conduct the joint survey and prepare a sketch after issuing notice to the petitioner as well as respondents 3 and 4. The entire exercise in this regard shall be completed within four months. The petitioner shall bear the entire costs in this regard. It is made clear that this exercise without prejudice to find out the Government land by the revenue officials. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln