DEVASIA ALIAS BABY AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are seeking for a direction to the 2nd respondent to register the sale deeds in respect of their properties, covered by documents like Exhibits P1 to P14. The second prayer is to declare that there is no legal authority for the

(2.) ND respondent to insist on getting a No Objection Certificate from the Forest Department for execution of the sale deeds relating to the petitioners' property covered by Exhibits P1 to P14. The petitioners want to sell the properties and when they approached the Sub Registrar, it was informed that an NOC from the Forest Department is necessary. Accordingly the petitioners filed a representation, as per Exhibit P16, seeking for issuance of an NOC. 2. In the statement filed on behalf of the 3rd respondent by the learned Government Pleader, the requirement for producing an NOC have been stated in detail. It is averred that in Mannarkkad Division, there is an extensive area of vested forest and there are several encroachments in the area. Reliance is placed on Section 22 of the Kerala Forest Act. It is also stated that the system of NOC is insisted by executive orders in forest areas so as to prevent the registration of forest lands with the help of fraudulent documents. Annexures R3(a) and R3(b), which are respectively a letter issued by the Government as well as a circular have been produced in support of the plea that NOC is required as a pre-condition for registration.