T.N.MUKUNDAN Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THE petitioners' father was in occupation of land near a forest area. The properties are having an extent of 3 acres and 84 cents in Sy. Nos.962, 963, 964 of Varandarappilly Village. He obtained patta under the Land Assignment Rules, a copy of which is produced as Ext.P1. After his death, the petitioners inherited the property. It is submitted that on the eastern boundary of the total extent of property is the forest road and the northern boundary is the Amballur -Palappilly Main road.

(2.) HEARD both sides. The requirement of the petitioners is to construct a compound wall to protect the cultivation from wild animals. It is submitted that there are various cultivations like tapioca, plantains and other crops. The petitioners have got a case that in the eastern boundary, the department has erected jundas demarcating the forest land and private property of the petitioners. This is the area where the petitioners want to construct a compound wall, to prevent the entry of wild boar into the property of the petitioners. Seeking for permission to construct the compound wall, the first petitioner submitted a representation before the first respondent and failing to get any sanction for the same, this writ petition has been filed praying for a direction to the respondents not to interfere with the protection of the eastern boundary of the property covered by Ext.P2, by erecting compound wall on the western side of the jundas erected by the forest department.

(3.) THE petitioners have filed a reply affidavit pointing out that they are not encroachers and there are clear boundaries, since the respondents have put up jundas. The report Annexure R2(a) will show that survey stones are not there near the jundas and the suggestion of the Forest Range Officer is to have a survey before the permission is granted to the petitioners for constructing compound wall.