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. 5680 OF 2022 PETITIONER/S:

LILLYKUTTY, AGED 59 YEARS W/O. ANTONY, ASHA VILASOM, ROSEMALA, KULATHUPUZHA P.O., KOLLAM-691 309 BY ADV B.MOHANLAL RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT , FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

2 THE CHIEF CONSERVATOR OF FOREST, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT OF KERALA, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM-

695 014

3 THE WILF LIFE WARDEN, SHENDURUNNY WILDLIFE DIVISION, THENMALA P.O., KOLLAM-691 013

4 THE TAHSILDAR (LAND RECORDS), TALUK OFFICE, PUNALUR P.O.,KOLLAM-691 505

5 THE VILLAGE OFFICER, KULATHUPUZHA VILLAGE, KULATHUPUZHA P.O., KOLLAM-691 310

6 THE KULATHUPUZHA GRAMA PANCHAYATH KULATHUPUZHA P.O., KOLLAM-691 310, REPRESENTED BY ITS SECRETARTY BY ADVS.

ADVOCATE GENERAL OFFICE KERALA SHRI.MANOJ RAMASWAMY,SC,KULATHUPUZHA G.P SHRI.T.P.SAJAN, SPL. G.P. (FOREST)()

OTHER PRESENT:

SRI.SAMGEETH.C.U, GP FOR SPL.GP(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. 5680 of 2022 =============================================================

Dated this the 8^th day of April, 2022

JUDGMENT

The above writ petition is filed with following prayers: “(i) To call for the records leading to the Petitioner's case from the Respondents 5 and 6.

(ii) To Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5^th Respondent to issue Family Membership Certificate to the Petitioner including her daughters Smt. Asha Antony and Aneesha Antony as per Ext.P8 and P9 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life as per Ext.P2 to P6 records within a stipulated time as directed by this Hon'ble Court.

(iii)To declare that the Petitioner is entitled to get Family Membership Certificate including her daughters Smt. Asha Antony and Aneesha Antony as per Ext.P8 and P9 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life as per Ext.P2 to P6 records.

(iv) To Issue a writ of mandamus or any other appropriate writ, order or direction commanding the

6^th Respondent to issue Residence Certificate to the Petitioner including her daughters Smt. Asha Antony and Aneesha Antony as per Ext.P8 and P9 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life as per Ext.P2 to P6 records.

(v) To declare that the Petitioner is entitled to get Residents Certificate including her daughters Smt.Asha Antony and Aneesha Antony as per Ext.P8 and P9 by treating that they are permanent residents of Rosemala in Shendurunny Wild Life as per Ext.P2 to P6 records.

(vi) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3^rd Respondent to accept the Family Membership Certificate and Residents Certificate of the Petitioner immediately after receipt of the Certificates from the Respondents 5 and 6.

(vii) To Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

(Sic)

2. It is the case of the petitioner that she and her family are permanently residing in Rosemala in Ward No.V in House No.III of Kulathupuzha Grama Panchayat in Kollam District, situated in the middle of Shenduruny Wildlife. The petitioner purchased 4.05 ares of property comprised in Re.Sy.No.970/1 of Kulathupuzha Village in the name of herself and her minor children by virtue of Ext.P2 sale deed. The petitioner submitted that she effected mutation of the property in Thandaper No. 6786 and also paying land tax without fail. Ext.P3 is the land tax receipt. Attaining majority of her two children, mututation was also effected in their favour as early as in 2003 is the case of the petitioner. It is the cas