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2021 Supreme(Online)(KER) 121
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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 834 OF 2020 (AGAINST THE JUDGMENT IN WP(C) NO.14254/2015 DATED 20.03.2020)
APPELLANTS/RESPONDENTS IN W.P.(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O.)
SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.
3 THE CHIEF CONSERVATOR OF FOREST, NORTHERN CIRCLE, KANNUR - 670012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM- 695 001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN W.P.(C):
E. MOIDEEN KOYA, AGED 66 YEARS, S/O.E.BEERANKUTTY, EDATHIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT - 10.
BY ADVS. MR. K.M.FIROZ MRS. M.SHAJNA &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 848 OF 2020 (AGAINST THE JUDGMENT IN WP(C) NO.14611/2015 DATED 20.03.2020)
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT-673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN WP(C):
P.P.SAINABI, AGED 62 YEARS, D/O. P.HUSSAIN HAJI, PUTHIYA PURAYIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT-10.
BY ADVS. MR. K.M.FIROZ MRS. M.SHAJNA &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 851 OF 2020 (AGAINST THE JUDGMENT IN W.P.(C) NO.14733/2015 DATED 20.03.2020)
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT-673121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENTS/PETITIONER IN WP(C):
MANGALATH HARIDAS, AGED 50 YEARS, S/O. PONNAPPAN NAIR, P.O.PUTHOOR VAYIL, VYTHIRI TALUK, KALPETTA AMSOM DESOM, WAYANAD-673121.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 854 OF 2020 (AGAINST THE JUDGMENT IN WP(C) NO.14633/2015 DATED 20.03.2020)
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER, MEPADI, WAYANAD DISTRICT-673121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENTS/PETITIONERS IN WP(C):
1 SANTHILAL JADAVJI PATALIA, AGED 72 YEARS S/O. JADAVJI PATALIA, 501/A, BHAVANI COMPLEX, BHAVANI SHANKER ROAD, DADAR WEST, MUMBAI-400028.
2 JINESH SHANTILAL PATALIA, AGED 39 YEARS, S/O. SHANTILAL J. PATALIA, 501/A, BHAVANI COMPLEX, BHAVANI SHANKER ROAD, DADAR WEST, MUMBAI-400028.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 862 OF 2020 (AGAINST THE JUDGMENT IN WP(C) NO.14627/2015 DATED 20.03.2020)
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O.)
SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR - 670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673121.
6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN WP(C):
E. REJEESH, AGED 44 YEARS, S/O. E. MOIDEEN KOYA, EDATHIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT -10.
BY ADVS. MR. K. M. FIROZ, MRS. M. SHAJNA &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 874 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO.13992/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN W.P.(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014. 2 THE DIVISIONAL FOREST OFFICER (D.F.O.), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CHIEF CONSEVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001.
REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER, MEPADI, WAYANAD DISTRICT-673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN W.P.(C): FATHIMA PONMANCHI, AGED 44 YEARS D/O. T.M.HUSSAIN, BEEBIS, M.M.ROAD, THALASSERY, KANNUR DISTRICT-670 101.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 890 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO. 9366/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN WP(C):
1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, TRIVANDRUM-695 001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (CUSTODIAN-BIO DIVERSITY ECOLOGICALLY FRAGILE LANDS), FOREST HEAD QUARTERS, VAZHUTHAKKAD, TRIVANDRUM, PIN-695 014.
3 THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION, PINANGOD ROAD, KALPETTA, WAYANAD, PIN-673 121.
4 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR P.O., PIN-670 012.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN W.P(C):
JASMITHA, W/O. THOUSIF MUHAMMED, FAJAR, ATHANIKKAL, WEST HILL P.O., KOZHIKODE, PIN-673 005.
BY ADVS. SRI. B. KRISHNAN SRI. R. PARTHASARATHY &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 917 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO.14734/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN W.P.(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FORE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 014.
2 THE DIVISIONAL FOREST OFFICER, (D.F.O.), SOUTH WAYANAD DIVISION, PINANAGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA 673 121. 3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR 670 012.
4 THE ECOLOGICALY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS. 5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT-673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN W.P.(C):
K.RAJAN, S/O. KRISHNA PILLAI, AGED 48 YEARS, MANGALATH HOUSE. P.O. PUTHOOR VAYIL, VYTHIRI TALUK, KALPETTA AMSOM DESOM, WAYANAD DISTRICT 673 121.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 1038 OF 2020 [AGAINST THE JUDGMENT DATED 20.03.2020 IN W.P.(C) NO.17536/2015]
APPELLANTS/RESPONDENTS IN W.P.(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001, REP; BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT-673 121.
6 THE STATE OF KERALA, REP; BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENTS/PETITIONER IN THE WP(C):
SUHAIB MOTTEMMAL, AGED 37 YEARS, S/O. YUSAF, PALLUR CHOKLI P.O., PIN-670 672.
BY ADV. SRI. E.NARAYANAN &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 1039 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO.17533/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN WP(C):
1 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O)
SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR - 670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN WP(C):
MARSHIDA M., W/O. SAMEER MOTTAMMEL, PALLUR, CHOKLI P. O., PIN - 670 672.
BY ADV. SRI.E.NARAYANAN &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 1040 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO.16869/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O)
SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673 121.
3 THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR-670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSLA COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001, REP; BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT-673 121.
6 THE STATE OF KERALA, REP; BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENTS/PETITIONERS IN WP(C) :
1 SUHAIB MOTTEMMAL, AGED 37 YEARS, S/O. YUSAF, PALLUR, CHOKLI P.O., PIN-670 672.
2 SIYAD MOTTEMMAL, AGED 36 YEARS, S/O. MOHAMMED PALLUR, CHOKLI P.O., PIN-670 672.
3 ASHKAR T.M., AGED 34 YEARS, S/O. ASSU KOLLANTAVIDA, PALLUR, CHOKLI P.O., PIN-670 672. BY ADV. SRI. E.NARAYANAN &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 1041 OF 2020 [AGAINST THE JUDGMENT IN WP(C) NO.17930/2015 DATED 20.03.2020]
APPELLANTS/RESPONDENTS IN WP(C):
1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O)
SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.
3 THE CHIEF CONSERVATOR OF FRESTS NOTHERN CIRCLE, KANNUR - 670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673 121.
6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENT/PETITIONER IN WP(C):
SAMEER MOTTEMMAL, S/O. ASSU KOLLANTAVIDE, PALLUR, CHOKLI P. O., PIN - 670 672.
BY ADV. SRI.E.NARAYANAN &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WA NO. 1042 OF 2020 [AGAINST THE JUDGMENT DATED 20.03.2020 IN W.P.(C) NO.18110/2015]
APPELLANTS/RESPONDENTS IN W.P.(C):
1 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.
2 THE DIVISIONAL FOREST OFFICER (D.F.O), SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673 121.
3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR-670 012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001, REP; BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.
5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT-673 121.
6 THE STATE OF KERALA, REP; BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. SANDESH RAJA RESPONDENTS/PETITIONER IN THE WP(C):
ASHKAR T.M., AGED 34, S/O. ASSU KOLLANTAVIDA, PALLUR CHOKLI P.O., PIN-670 672.
BY ADV. SRI. E.NARAYANAN “C.R”
['GOVERNMENT PLEADER', 'K M FIROZ', '', 'M SHAJNA']
J U D G M E N T
Dated this the 1st day of September, 2021 [W.A. Nos. 834, 848, 851, 854, 874, 862, 890, 917, 1038, 1039, 1040, 1041 & 1042 of 2020]
S. Manikumar, CJ Instant writ appeals are filed by the respondents against the common judgment in W.P. (C) No. 17930 of 2015 and connected cases dated 20.03.2020, by which, a learned Single Judge of this Court held as under:-
“11. Having considered the contentions advanced, I notice that Section 10A is a new right granted to small holders to raise a dispute that the property covered by any notification is not Ecologically Fragile Land. The intention of introduction of provision is apparently to give small holders of properties a speedier remedy than the one available under Section 10. The said remedy is available to small holders as on the appointed day, that is, 20.6.2000. In the instant cases, the petitioners are subsequent purchasers of property. However, in many of the cases, the purchases are from owners of land, who themselves were small owners as on the appointed day. If that be so, the contention of the respondents to the effect that the petitioners themselves have to be in possession of the property on the appointed day to avail the benefit under Section 10A cannot be accepted. A Division Bench of this Court has considered the issue under the Private Forests (Vesting and Assignment) Act, 1971 and held that the subsequent purchaser of the property, who steps into the shoes of the original owner are entitled to claim the reliefs that the original owner would have been entitled to under that Act. In the above view of the matter, in those cases where the petitioners had purchased property having an extent of 2 Hectares or less from holders of property who themselves had only that extent of land as on the appointed day, the petitioners would be entitled to claim that their applications under Section 10A are liable to be considered. 12. The further question which arises for consideration is with regard to whether small holders are liable to make the applications within six months from the date of the notification. In the instant cases, it is the specific case of the petitioners that they were unaware of the notification and that they had preferred their applications within six months from the date on which they received the individual notices under Section 3(2). In the facts and circumstances of the cases and taking note of the fact that Section 10A provides a remedy in favour of small holders and since Section 3(2) is couched in mandatory terms, I am of the opinion that the contention that the applications have to be filed within six months from the date of notification cannot be accepted. The petitioners having filed the applications within six months from the date on which the individual notices were served on them, would be entitled to the consideration of the dispute raised by them under Section 10A.
In the above view of the matter, W. P. (C). Nos. 17930, 16869, 9366, 17533, 17536, 18110, 14633, 14627, 14611, 14254, 13992, 14733, 14734 of 2015 and 34701 of 2010 are allowed. The impugned orders are set aside. There will be a direction to the respondents to consider the applications preferred by the petitioners under Section 10A of the EFL Act. The petitioners shall produce the documents on the basis of which they claim title before the appropriate authority. Status quo, as on today, with regard to the lands in question will be maintained for a period of three months to enable the custodian to take an appropriate decision with regard to the interim arrangement to be maintained till the dispute is appropriately resolved.”
2. The reliefs sought for by the respondents/writ petitioners in W.P.
(C) Nos. 14254, 14611, 14733, 14633, 14627, 13992 & 14734 of 2015 are extracted below:
(i) To call for the records leading to and pursuant to the notice bearing No.3967/00 dated 20.11.2014 (Exhibit P1) issued by the Divisional Forest Officer (D.F.O), South Wayanad Division, Kalpetta (respondent
