A writ petition is considered premature and liable to be dismissed if the relief sought is already the subject of a pending statutory appeal before a competent authority.

Prayer in W.P.No.34379 of 2023:

This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to issue patta in favour of the petitioner name as per the Forest Right No.234 for an extent of 6 Acres situated at Vaazthombaai (Mandaparai) Verapannur Village Panchayat, Jamuna Marathur Taluk Jawad Hills, Thiruvannamala District.

Prayer in W.P.No.34383 of 2023:

This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to issue patta in favour of the petitioner name as per the Forest Right No235 for an extent of 10 Acres situated at Vaazthombaai (Mandaparai) Verapannur Village Panchayat, Jamuna Marathur Taluk Jawad Hills, thiruvannamala District.

In both W.Ps.,

For Petitioner(s) : Mr.C.Mariappan

For Respondent(s) : Mr.C.Gowthamaraj, GA

COMMON ORDER

These writ petitions are filed to direct the second respondent to issue patta in favour of the petitioners as per the Forest Right Nos.234 & 235 for an extent of 10 & 6 acres respectively, situated at Vaazthombaai (Mandaparai) Verapannur Village Panchayat, Jamuna Marathur Taluk Jawad Hills, thiruvannamala District.

2. Learned counsel for the petitioners would submit that the petitioners are father and son, belongs to Tribal Community. As per Act of Scheduled Tribes and other Traditional forest dwellers recognition of Forest Rights Act, 2006 and Rules 2007, the petitioners are entitled for patta. Accordingly, the respondents identified and granted patta to the petitioners for an extent of 3.29 acres and 2.36 acres respectively. Aggrieved over the extent allotted, the petitioners have filed an appeal before the Sub Divisional Level Forest Committee. Pending the same, the petitioners have come forward with these writ petitions, seeking patta for the entire extent of 10 acres and 6 acres respectively.

3. Learned Government Advocate appearing for the respondents would submit that in the present case, an appeal is pending before the Sub Divisional Level Forest Committee. Without the out come of the said appeal, the petitioners have filed these writ petitions. Accordingly, he prays for dismissal of these writ petitions.

4. Heard the learned counsel on either side and perused the materials available on record.

5. In the case on hand, initially, the petitioners have filed an application to grant patta for their lands to an extent of 10 acres and 6 acres respectively. After due consideration, the respondents have allotted 3.29 acres and 2.36 acres to the petitioners respectively. Challenging the said extent, the petitioners have preferred an appeal before the Sub Divisional Level Forest Committee and the same is pending. As rightly contended by the learned Government Advocate appearing for the respondents, without the outcome of the said appeal, the petitioners have filed these writ petitions. In the event, the petitioners are aggrieved by the order passed in the appeal before the committee, they can very well challenge the same in the manner known to the law. Therefore, this Court feels that filing these writ petitions in this stage is pre-mature.

In the result, these writ petitions stands dismissed. However, liberty is granted to the petitioners to challenge the appeal order in the manner know to law, if it is against them. No costs.