IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22065 of 2009(C)
1. SOMADAS, S/O.PADMANABHAN, PONNUVILA
... Petitioner
Vs
1. THE CUSTODIAN OF VESTED FOREST &
... Respondent
2. THE DISTRICT FOREST OFFICER, PALAKKAD.
3. STATE OF KERALA, REP. BY CHIEF SECRETARY
For Petitioner :SRI.P.N.PURUSHOTHAMA KAIMAL
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :10/08/2009
O R D E R
V.GIRI, J
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W.P.(C).22065/2009
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Dated this the 10th day of August, 2009
JUDGMENT
Petitioner claims absolute title and possession over
10.13 Acres of land in Sy.No.1/7A, 1.48 Acres in Sy.No.2/1A
and .05 Acres in Sy.No.2/1B of Thenur amsom in Palakkad
District under Ext.P1 sale deed. The predecessor-in-interest
of the petitioner had approached the Forest Tribunal for
exemption of the property and the application was allowed
under Section 3(2) of the Kerala Private Forest Vesting and
Assignment Act, as per Ext.P2. An appeal preferred by the
Government was also dismissed under Ext.P3 and an
attempt at review by the Government was also rejected as
per Ext.P4.
2. Petitioner has been cultivating rubber in that property
after obtaining licence from the Rubber Board. He is
aggrieved by the attempts made by respondents 1 and 2 to
interfere with the petitioner’s actual possession of the
property which he claims absolutely belongs to him.
W.P.(C).22065/09
2
3. I am of the view that the petitioner has an efficacious
remedy before the Civil Court, if any person including
respondents 1 and 2 try to interfere with the possession of
title holder of the property. He is at liberty to avail such
remedy.
Subject to the above, writ petition is disposed of.
V.GIRI,
Judge
mrcs