KUMARI VARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) WRIT Petition Nos. 7105/07, 26694/08 and 31146/06 are connected cases filed by the same petitioner. WP (C) No. 7105 is filed challenging the notification published on 15/05/2001 marked as Ext. P4. WP (C) No. 26694/08 is filed challenging Ext. P7 notice and Ext. P8 erratum notification published on 29/01/2008. WP (C) No. 7105/07 is filed for a declaration that Ext. P4 notification issued by the 4th respondent declaring the land belonging to the petitioner in Resurvey No. 292/1a in Vellad Village of Kannur Forest Division, Taliparamba Taluk, Kannur District as vested in the Government under S. 3 (1) of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003 as arbitrary, illegal and therefore unconstitutional and quash the same by the issuance of a writ of certiorari. WP (C) No. 26694/08 is a continuation of WP (C) No. 7105/2007. The extent of land notified in Ext. P4 notification in WP (C) No. 7105/07 is 24. 28 hectares in RS No. 292/1a. An erratum notification was published by the Government marked as Ext. P8 in WP (C) No. 26694/08 wherein the extent of land is seen corrected as 35. 1072 hectares and also corrected the boundary description. In both these writ petitions the first prayer is to declare S. 3 (1) and S. 8 (2) of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003 (hereinafter referred to as 'the Act') as arbitrary, illegal and therefore unconstitutional and quash the same by the issuance of a writ of certiorari.

(2.) SEVERAL other connected writ petitions filed by other property owners challenging the constitutionality of the Act are pending. Learned counsel for the petitioner submitted that in view of the prayers of the petitioner in WP (C) No. 31146/06, the constitutionality of the Act need not be considered in these writ petitions for the reason that several writ petitions challenging the virus of the Act are pending. Therefore, these writ petitions may be decided on merits. The petitioner also sought for permission of this Court to reserve the challenge against the constitutionality of the Act in appropriate proceedings. Since the connected case (WP (C) No. 31146/06) requires urgent consideration, the permission sought for is granted.

(3.) THE main prayers in WP (C) No. 31146/2006 are for the issuance of a writ of mandamus directing the 3rd respondent Tahsildar, Taliparamba to lift the revenue recovery attachment over the property comprised in Resurvey No. 53/1a of Alakkode Village and Resurvey No. 292/1a of Vellad Village, Taliparaba and to limit the attachment to a small portion of the above property which is sufficient for realisation of the balance amount allegedly due to the Government by demarcating the boundaries, for a further direction to the Sub Registrar, Alakkode to issue non encumbrance certificate enabling the petitioner to dispose of the property in the said resurvey numbers by creating charge over the small portion of land and by demarcating the boundaries and for a direction to the 4th respondent Village Officer to receive the basic tax for the land in the resurvey numbers referred above.