ROSAMMA GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, together, own 10.34 Acres of land in Re-Sy. No. 198 of Kunnathidavaka Village in Vythiri Taluk. According to the petitioners, the properties formed part of a larger extent of an estate known as Mandamala estate originally owned by Edavalath Kovilakath Sankara Varma Raja. The estate had a total extent of 303.92 Acres comprised in old Sy. No.187. The petitioners' case is that the said land was leased to one Thengumoottil Varghese for 45 years as per registered Kanam deed No.601 of 1928, of Sub-Registry office Vythiri. The jenmom rights over the properties were purchased as per registered document No. 2818 of 1962 by Sri K.N.Pothen, the power of attorney holder of the legal heirs of Varghese. The petitioners submit that the 1st petitioner's husband purchased 50 Acres as per registered sale deed No.1375 of 1963 and the 1 st petitioner purchased 82.84 Acres as per registered sale deed No.198 of 1968. The entire property of the extent of 132.84 Acres, purchased as above, were subject matter of Ext.P1 Taluk Land Board proceedings No.205 of 1973, wherein the properties were exempted as plantations. The 1st petitioner later disposed of 69.50 Acres to different persons by the year 1976, retaining only 13.34 Acres. Her husband had transferred 35 Acres of the 50 Acres, as per document No.412 of 1974 and the balance extent of 15 Acres was available with him. The total extent of 28.34 Acres held by the 1st petitioner and her husband, along with 5 Acres held by Sri K.N.Pothen, were after resurvey, brought under Re-Sy. No. 198.

(2.) The petitioners submit that the 1st petitioner's husband obtained permission to convert 15 Acres of cardamom plantation into coffee plantation as per Exhibit P2 proceedings dated 29.5.1973. He thereafter gifted the said 15 Acres to his son, the 2nd petitioner, as per document No.114 of 1977. The 2 nd petitioner sold 10.50 Acres out of the above said 15 Acres as per document No.2833 of 1981 and has only 4.5 Acres remaining with him in Re-Sy. No. 198. The 1st petitioner transferred 2.5 Acres to one Tomy Thomas as per document No.2690 of 1981, 5 Acres to one K.Mohammed as per document No.4317 of 1979 and executed a gift regarding 1 Acre to the 3 rd petitioner as per gift deed No.371 of 1997. According to the petitioners they are paying plantation tax, basic tax, building tax and such other revenues in respect of the properties and at no point of time the property had even the semblance of a forest much less a private forest. It is further submitted that coffee registration certificates were later obtained separately by the petitioners individually, on the basis of their respective holdings.

(3.) The petitioners submit that the respondents had issued Exhibit P3 notification dated 4.5.2001, notifying the vested forests in South Wayanad Division, which takes in areas in Mepady, Chelath and Kalpetta ranges. Exhibit P3 does not take in properties in Re-Sy. No. 198 of the Kunnathidavaka village. Thereafter, an erratum notification was issued as Exhibit P4 which also did not include properties in Re-Sy. No.198. While so, a survey was conducted at the instance of the 4 th respondent, resulting in Exhibit P5 report. This was followed by a letter from the 3rd respondent to the 4th respondent, which is produced as Exhibit P6. The letter says that an extent of 5 Acres in Re-Sy. No. 198 is proposed to be notified as left out vested forests and that proceedings have been initiated. It is the case of the petitioners that, under the guise of the above said proceedings, the 3 rd respondent and his subordinate officers are obstructing the petitioners' peaceful enjoyment of their properties. They submit that even though they had attempted to get details regarding the notification of left out vested forests, no details are so far forthcoming. The writ petition is hence filed praying for a declaration that no land can be demarcated and notified under Section 6 of the Vesting Act and Rule 2A of the Rules after the expiry of 30 years, a declaration that no portion of the petitioners' property in block No. 25, of Re-Sy. No. 198 of Kunnathidavaka Village is liable to be demarcated and notified as left out vested forest and to restrain the respondents and their subordinates and representatives from interfering in any manner with the petitioners' peaceful possession and enjoyment of their properties.