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2024 Supreme(Online)(KER) 52237
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 WP(C) NO. 1085 OF 2024 PETITIONER: DAMODARAN.N AGED 78 YEARS S/O. NARAYANAN, RESIDING AT KALANGARAKALAM HOUSE, PAYATTUKAD, PALLASSANA P.O., PALAKKAD DISTRICT., PIN -
678505 BY ADVS.
P.R.VENKATESH LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST &
WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
2 DIVISIONAL FOREST OFFICER NENMARA,OLAVAKKODE, PALAKKAD DISTRICT. ,, PIN - 678002
3 ASST CONSERVATOR OF FOREST NENMARA ,OLAVAKKODE, PALAKKAD DISTRICT., PIN - 678002
4 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, PALAKKAD., PIN - 678001
5 TAHSILDAR TALUK OFFICE, CHITTUR, PALAKKAD., PIN - 678101 SPL.GP - T.P.SAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM , J.
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WP(C) No. 1085 of 2024 ============================
Dated this the 10th day of January, 2024
J U D G M E N T
Petitioner has approached this Court seeking a direction to the
2nd respondent to consider and pass orders on Ext P9 representation submitted by the petitioner after affording an opportunity of being heard.
2. Petitioner is the owner in possession of an immovable property comprised in Re.Sy. No. 599/2, old Sy.No.308/1 and 308/11 having an extent of 36.02 ares in Block No.5 of Pallassana Village which is obtained as per Ext P1 Assignment Deed No.2318/2001 of SRO Kollengode. Petitioner had cut down two coconut trees and a vaka tree from the property and at this juncture the forest ofÏcials informed the petitioner that the land is a forest land and he cannot cut down any trees, though the petitioner informed them about the right assigned to him as per Ext.P1. Thereafter petitioner preferred Ext.P9 representation before the 2nd respondent along with his title deed, previous documents and other deeds of assignment, possession certificate, tax receipts etc along with the sketch of the property. Petitioner complain that till date no decision has been taken on Ext.P9.
3. The learned Special Government Pleader appearing for the respondents submits that appropriate decision on Ext.P9 will be taken without much delay.
4. Therefore, the above writ petition is disposed of with a direction to the 2nd respondent to take up Ext.P9 representation submitted by the petitioner and dispose of the same after affording an opportunity of being heard to the petitioner within an outer limit of two months from the date of receipt of a copy of this judgment. It is further ordered that no coercive steps shall be taken against the petitioner till a decision is taken on Ext.P9 representation as directed above.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
APPENDIX OF WP(C) 1085/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTERED JENMOM ASSIGNMENT DOCUMENT NO. 2318/2001 AT THE SRO, KOLLENGODE DATED 16.11.2001 Exhibit P2 TRUE COPY OF LATEST TAX RECEIPT DATED
29.12.2023 Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE DATED
3.1.2024 Exhibit P4 TRUE COPY OF EXTRACT OF THE BASIC TAX REGISTER DATED NIL Exhibit P5 TRUE COPY OF BTR EXTRACT ISSUED ON
23.9.2020 Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
12.4.1978 FROM THE TAHSILDAR, CHITTUR TO THE DISTRICT COLLECTOR, PALAKKAD Exhibit P7 TRUE COPY OF DEED OF ASSIGNMENT DATED
12.5.1978 Exhibit P8 TRUE COPY OF JENMOM ASSIGNMENT DEED NO.
2436/1996 AT THE SRO, KOLLENGODE DATED
28.9.1996 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
3.1.2024 ALONG WITH SKETCH OF THE PROPERTY
