2025:KER:31056 WP(C) NO. 14455 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14455 OF 2025 PETITIONER: ROSHAN BENNY AGED 27 YEARS, W/O BENNY, KARUVALY HOUSE, COLONY PADI, ERUMATHALA P.O, ALUVA, ERNAKULAM DISTRICT, PIN – 683112. BY ADV RENNY AUGUSTINE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN – 695001. 2 THE SUB COLLECTOR OFFICE OF THE SUB COLLECTOR DEVIKULAM, IDUKKI DISTRICT (ADDITIONAL CHARGE OF SPECIAL OFFICER), PIN – 685613. 3 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST & HEAD FOREST FORCE VAZHUTHACAD, THIRUVANATHAPURAM, PIN – 695001. 4 THE TAHSILDAR DEVIKULAM TALUK, DEVIKULAM CIRCULAR ROAD, DEVIKULAM, IDUKKI DISTRICT, PIN – 685613. 2025:KER:31056 WP(C) NO. 14455 OF 2025 2 5 THE VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICE, VATTAVADA IDUKKI DISTRICT, PIN - 685612 SRI. T. P. SAJAN. SPL. GP. SRI.NAGARAJ NARAYANAN, SPL.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31056 WP(C) NO. 14455 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.14455 of 2025 -------------------------------------------- Dated this the 08th day of April, 2025 JUDGMENT The petitioner claims to be the owner in possession of property admeasuring 72.65 Ares in Survey No.211/1 in Resurvey No.19/9/1 in Resurvey No.62 of Vattavada Village in Devikulam Taluk, Idukki District. The petitioner purchased the property as per sale deed No.2745/2023 of Devikulam SRO dated 20/11/2023. The area where the property is situated is declared as Kurinjimala Sanctuary by the Government. The petitioner relies on the Government Order to contend that the designated authority is empowered to decide on the existence, nature and extent of rights of any person, in or over land situated within the limits of the Kurinjimala Sanctuary. 2. Accordingly, the petitioner submitted an application before the 2nd respondent seeking to get the property mutated 2025:KER:31056 WP(C) NO. 14455 OF 2025 4 to his name after conducting the enquiry stipulated. This writ petition is filed aggrieved by the delay in considering the application and taking further action thereon. 3. Heard the learned Counsel for the petitioner and the learned Government Pleader. 4. Learned Counsel for the petitioner submitted that, for the present, the petitioner will be satisfied with a direction to the 2nd respondent to consider his application in terms of the Government Order 5. Learned Government Pleader submitted that, the Patta produced by the petitioner are suspicious and even otherwise, mutation cannot be effected with respect to the properties falling within Block No.62 of Vattavada Village. Only Patta lands exempted under the notification dated 06.10.2006 can be owned and possessed by private individuals. 6. Since the petitioner has filed an application seeking 2025:KER:31056 WP(C) NO. 14455 OF 2025 5 mutation of the property, it is for the 2nd respondent to consider the application and pass appropriate orders thereon. The genuineness of the Patta produced by the petitioner and the question whether the property falls within the notified area are also to be decided by the 2nd respondent. The writ petition is hence disposed of, directing the 2nd respondent to consider the petitioner’s application, provided the application is received and is pending before the said authority. The decision on the application shall be taken, after issuing notice and after affording an opportunity of hearing to the petitioner and the Wild Life Warden, Munnar. The order, as directed above, shall be passed within two months of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:31056 WP(C) NO. 14455 OF 2025 6 APPENDIX OF WP(C) 14455/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.2745/2023 OF DEVIKULAM SRO DATED 20.11.2023. Exhibit P2 TRUE COPY OF LETTER NO. 121/2024 DATED 28.11.2024 ISSUED BY 5TH RESPONDENT TO THE PETITIONER. Exhibit P3 TRUE COPY OF JUDGMENT IN WPC NO.24342/2022 DATED 3.11.2022. Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 18.3.2024 BETWEEN 4TH AND 5TH RESPONDENT RECEIVED UNDER RTI ON 14.11.2024. Exhibit P5 TRUE COPY OF THE APPLICATION DATED 4.3.2025 BEFORE THE 2ND RESPONDENT.