RAMACHANDRAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) By Ext.P1 document of 26/6/2006, petitioner purchased 2.62 acres of land scheduled to the said document. A portion of the property was acquired for the purpose of National Highway, which is evident from Ext.P2 and the balance is still owned by the petitioner. Ext.P3 is the possession certificate and Ext.P4 is the receipt evidencing payment of tax. By Ext.P5 dated 20/12/2003, a notification issued under Section 4 of the Kerala Forest Act, 1961, the property in question was proposed to be declared as a reserved forest. Subsequently, Forest Settlement officer issued Ext. P6 notification, in terms of Section 6 of the Act. This notification was issued on 10/8/2010 and includes the property of the petitioner covered by Ext.P1 title deed. This proclamation states that it will come into effect from the date of its publication in the gazette and that whoever claims any right over the lands mentioned therein, shall within four months appear or file written statement before the Forest Settlement Officer specifying the nature of such right.

(2.) Petitioner states that he is employed abroad and admits of having not responded to Ext.P6 within the four months period specified therein. He also has a case that he has not given Individual notice as contemplated in Section 6(2). Subsequently, he filed Ext.P8 objection dated 26/5/11, which was rejected by the. Forest Settlement Officer as per Ext.P9 on the ground that it is belated. It is thereupon the writ petition is filed seeking to quash Ext.P9 and to direct consideration of Ext.P8. Alternate prayer requiring the respondents to consider the claim of the petitioner under Section 8(3) of the Forest Act is also sought for.

(3.) I heard the learned senior counsel for the petitioner and also the learned Government Pleader appearing for the respondents.