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2025 DAILYLAW 3295 (KER)

THRESSIAMMA MATHEW v. STATE OF KERALA

WP(C)/3979/2025 · 2025-03-27

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26201 WP(C) NO. 3979 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 3979 OF 2025 PETITIONER: 1 THRESSIAMMA MATHEW AGED 88 YEARS, W/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 2 SYRIAC MATHEW, AGED 67 YEARS S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 3 THOMAS MATHEW AGED 64 YEARS, S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 4 JOSEPH MATHEW, AGED 62 YEARS, S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 5 LISSA MATHEW, AGED 60 YEARS D/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 2025:KER:26201 WP(C) NO. 3979 OF 2025 2 6 MAMMAN MATHEW AGED 59 YEARS S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 7 JACOB MATHEW, AGED 57 YEARS JACOB MATHEW, S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 8 REENA MATHEW AGED 56 YEARS, S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. 9 PHILIP MATHEW, AGED 55 YEARS S/O. LATE P.K. MATHEW, PATHUPALLIL VEEDU, POTTASSERY I VILLAGE, KANJIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 678591. BY ADV K.P.BALAGOPAL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, FOREST AND WILD LIFE, GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695001. 2 THE CHIEF CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS EASTERN CIRCLE, ARANYA BHAVAN, OLAVAKKODE P.O., PALAKKAD, PIN – 678002. 2025:KER:26201 WP(C) NO. 3979 OF 2025 3 3 THE DIVISIONAL FOREST OFFICER OFFCE OF THE THE DIVISIONAL FOREST OFFICE, MANNARKKAD, PALAKKAD, PIN – 678582. 4 ASSISTANT DIRECTOR FOREST MINI SURVEY, KOZHIKODE, PIN – 673001. SRI.SANGEETH C.U., SPL.GP SRI.NAGARAJ NARAYANAN, SPL.GP (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26201 WP(C) NO. 3979 OF 2025 4 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.3979 of 2025 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The writ petition has been filed for a direction to the respondents to restore possession of the property involved in O.A.No.590/1976 on the files of the Forest Tribunal, Manjeri. The judgment of the Forest Tribunal has become final and going by the provisions of the Kerala Private Forests (Vesting & Assignment) Act, 1971, the property is liable to be restored to the petitioners at the earliest. 2. A statement has been filed by the 2nd respondent, wherein it is stated that a period of six months would be required to complete the procedure to restore possession of the property to the petitioners. The above submission is recorded and this writ petition is disposed of, directing the respondents to restore 2025:KER:26201 WP(C) NO. 3979 OF 2025 5 possession of the properties involved in O.A.No.590/1976 on the files of the Forest Tribunal, Manjeri to the petitioners within six months from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:26201 WP(C) NO. 3979 OF 2025 6 APPENDIX OF WP(C) 3979/2025 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 29-03-1978 IN O.A. NO. 590/76 OF THE FOREST TRIBUNAL, MANJERI. Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS(EXCEPT 6TH PETITIONER MAMAN MATHEW) BEFORE THE 2ND RESPONDENT HEREIN, ON 27-1-2023. Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 17-11-2005, ISSUED BY THE TAHSILDAR, MANNARKKAD. Exhibit P4 TRUE COPY OF THE LETTER DATED 27-09-2023, NO. KFDEC/279/23/A1, SENT FROM STATE PUBLIC INFORMATION OFFICER & SENIOR ADMINISTRATIVE ASSISTANT, OFFICE OF THE CHIEF FOREST CONSERVATOR & CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKKOD, PALAKKAD. Exhibit P5 TRUE COPY OF THE LETTER DATED 25-09-2023 NO. G1-7190/2023, FROM STATE PUBLIC INFORMATION OFFICER & SENIOR SUPERINTENDENT, DIVISIONAL FOREST OFFICE, MANNARKKAD. Exhibit P6 TRUE COPY OF THE LETTER DATED 7-10-2023 – NO. M2-2562/23 FROM PUBLIC INFORMATION OFFICER & RANGE FOREST OFFICER, MANNARKKAD.