STATE OF KERALA Vs. GEORGE NINAN

JUDGEMENT

(1.) THIS Writ Appeal has been filed by the State against the judgment and order dated 12.03.2010 passed by learned Single Judge allowing the writ petition filed by the respondent. The writ petition was filed by the respondent, who shall be hereinafter referred to as petitioner, praying for quashing of Ext.P11 by which the petitioner was informed that land in question being notified as vested forest as per notification dated 25.11.1982, the application for survey and demarcation cannot be entertained. Brief facts giving rise to the writ appeal are as follows.

(2.) PETITIONER 's father, late Sri.George Ninan, owned lands in Kulathupuzha Village in Kollam District which he claimed by virtue of release deed No.5099/1966 of Punalur Sub Registry. It was claimed that land to an extent of 57 acres in Survey No.925/2/1 was exempted by Taluk Land Board which is in the name of petitioner as per the revenue records and he is in possession and enjoyment. The notification dated 25.11.1982 was issued notifying that private forests, as detailed in the list attached, have been demarcated and surveyed. The notification is published as required under Sub -rule 2A of Kerala Private Forest(Vesting and Assignment Rules), 1974 declaring an extent of 45.0777 Hectares in Survey No.925/1 and 30.7035 Hectares in Survey No.925/2 as vested forests. Petitioner's father filed O.A. No.26/1983 before Forest Tribunal, Palakkad challenging the aforesaid notification declaring the two plots as vesting in the State. It was claimed that part of the area notified is not liable to be vested since it is a plantation as held by Taluk Land Board. The Tribunal allowed the O.A.

(3.) THE petitioner's father submitted a petition before Hon'ble Minister for Forest on 25.06.1987 staking a claim over 57 acres of land in survey No.925/2/1. The State Government informed the petitioner's father by letter dated 14.09.1988 that the land referred to in the petition was also part of vested forest in Government's possession. Petitioner filed a writ petition, O.P. No.24496 of 2001 in this Court praying for a direction to respondents to survey and demarcate the land claimed by the petitioner. O.P. No.24496/2001 was dismissed and withdrawn by order dated 12.06.2006. The petitioner, thereafter approached the Taluk authorities for demarcation of land. Taluk authorities requested the presence of Forest authorities for survey of land. By letter dated 17.10.2006, Forest authorities informed the Taluk authorities that land on which survey is sought to be claimed is vested forest and there is no need of survey and demarcation of said land. It was further stated that land for which survey is sought to be claimed has already been notified by notification dated 25.11.1982 which is thickly grown by forest trees and completely under control of Forest Department. Petitioner thereafter filed the writ petition, W.P.(C) No.32191 of 2006 praying for the following reliefs: