BINDU. S, W/O.K. SANTHAKUMAR Vs. TAHSILDAR

JUDGEMENT

(1.) PETITIONER challenges Ext.P12 order issued by the Forest Range Officer, Nelliampathy Forest Range directing the petitioner to stop the functioning of 'Seethu Granites', a quarry operated by the petitioner on the ground that, on verification of the records, it is seen that the property is part of the Reserve Forest as per Cochin Government notification of the year 1909 and until a decision is taken by the authorities after a joint inspection by the forest and revenue department, quarry operation should not be done.

(2.) PETITIONER contends that she is in possession of an extent of 2.8328 hectares of land in survey number 89 (old survey No.13), 1.3220 hectares of land in survey No.103/1 (old survey No.1100) and 1.442 hectares in survey No.103/2 (old survey number 1099) and is operating a quarry after getting all necessary licence from the competent authorities and the licence and permissions are still in force. According to the petitioner, out of the aforesaid extent of land, 2.8328 hectares of land in survey No.89 is Government land given on lease and she is permitted to carry on quarrying operations. The other two items are properties covered by assignment deeds which she had purchased as per Ext.P1 and P2 sale deeds. The properties are situated in Vallanghy village of Chittur Taluk. According to the petitioner, the Forest Range Officer has no authority to issue a notice in the form of Ext.P12 and the said Range officer is impleaded in the personal capacity as 6th respondent in the writ petition.

(3.) A counter affidavit is filed by the 3rd Respondent/Forest Range Officer in which it is inter alia contended that 2.8328 hectares of land in re-survey No.89 (old survey No.13) of Vallanghy village of Chittur Taluk was part of Athanad hills and notified as Reserve Forest by the Cochin Government as per notification dated 08/05/1909. During 1961- 62, some part of the Reserve Forest was handed over to the Revenue Department under the Rubber Plantation scheme. It is however stated that 95.12 acres in survey No.13 was retained as Reserve Forest. Respondent also relies upon the judgment of the Supreme Court in State of Karnataka and others v. I.S.Nirvane Gowda and others [(2007)15 SCC 744] to indicate that so long as the property is not excluded by proper notification, it still remains as a Reserve Forest and quarrying inside Reserve Forest is prohibited. Hence an offence has been booked as OR 5/2012 and a report is submitted to the Judicial First Class Magistrate Court, Alathur. It is further submitted that out of the entire extent of land in old Survey No.13, only 17.98 acres have been excluded. In the affidavit it is stated that the excluded property comes under Survey No.13/A and 13/B. Therefore, it is to be verified whether property now in possession of the petitioner comes within the excluded area or not.