IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 8^TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 668 OF 2022 PETITIONER:

RAJAN L.

AGED 70 YEARS S/O. LINCOIN, BIKKATTY, KINNAKKARA, KUNTHA TALUK, NILGIRI DISTRICT, TAMIL NADU 678 581 BY ADVS.

P.JAYARAM GIGI PAPPACHAN RESPONDENTS:

1 DIVISIONAL FOREST OFFICER MANNARKKAD, PALAKKAD DISTRICT 678 582

2 THE CUSTODIAN ECOLOGICAL FRAGILE LANDS, FOREST HEAD QUARTERS, VAZHUTHACKADU. THIRUVANANTHAPURAM 695 014

3 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 BY ADVS.SRI.SANGEETH C.U., GP FOR SPL.GP(FOREST)

ADVOCATE GENERAL OFFICE KERALA SHRI.T.P.SAJAN, SPL. G.P. (FOREST)()

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.668 of 2022 ----------------------------------------------

Dated this the 08^th day of April, 2022

JUDGMENT

This writ petition is filed with following prayers:

i. Declare that the respondents have no power, authority or jurisdiction to obstruct the petitioner’s activities of cultivation or other acts of possession by the petitioner within the property covered by Exhibit P1 Suo Moto proceedings to issue purchase certificate.

ii. Issue a writ of mandamus or other appropriate writ, direction or order restraining the respondents from obstructing the petitioner cultivating or doing other acts of possession within the property covered by Exhibit P1 suo moto proceedings.

iii. Grant such other reliefs found just and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration, the learned Special Government Pleader (Forest) submitted that the property involved in this case is already declared as EFL property. In such circumstances, the remedy of the petitioner is to approach the Forest Tribunal. In order to facilitate the petitioner to approach the Tribunal, status quo as on today can be ordered for a period of 30 days.

Therefore, this writ petition is disposed of in the following manner:

1. Status quo as on today regarding the property in dispute in this writ petition shall be maintained by the respondents for a period of

30 days.

2. In the meanwhile, the petitioner is free to approach the Forest Tribunal to redress their grievance.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF WP(C) 668/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 17-03-

2020 ISSUED TO THE PETITIONER IN S.M

204/2020 FROM THE OFFICE SPECIAL TAHASILDAR (LA AND LT) ATTAPPADY SHOWING PENDENCY OF SUO MOTO PROCEEDINGS TO ISSUE PURCHASE CERTIFICATE TO THE PETITIONER OVER THE PROPERTY BEARING SURVEY NO 1134/10 WITH EXTENT 0.8094 HECTOR SITUATED IN PUDUR VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 16-03-2017 WITH RESPECT TO PETITIONER'S PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 28-12-2018 WITH RESPECT TO PETITIONER'S PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR Exhibit P4 TRUE COP[Y OF THE LAND TAX RECEIPT DATED 20-11-2021 WITH RESPECT TO PETITIONER'S PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 24-

11-2021 SENT BY THE PETITIONER TO DIVISIONAL FOREST OFFICER, MANNARKKAD REQUESTING NOT TO OBSTRUCT HIS CULTIVATION AT HIS PROPERTY Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 24-

11-2021 SENT BY THE PETITIONER TO THE CUSTODIAN, ECOLOGICALLY FRAGILE LANDS, THIRUVANANTHAPURAM.

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 24-

11-2021 SENT BY THE PETITIONER TO THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM.

RESPONDENT EXHIBITS Annexure R1(a) COPY OF THE EFL PROPOSALS FOR 3.20 HA AT DEVARCHOLA IN SURVEY NUMBER 1134 SUBMITTED BY FIRST RSPNDENT DATED

31.01.2021 Annexure R1(b) COPY OF THE EFL PROPOS