Crl.M.C. No. 4760 of 2008 & Crl.M.C. No. 4869 of 2008

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 29[TH] DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944** **CRL.MC NO. 4760 OF 2008** **CRIME NO.534/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,** ## **CHITTUR** ## **PETITIONERS/ ACCUSED 1 TO 5 :** - **1 RAVI VARMA THAMPAN, 4B, SIGLEADALE POINT, SIVAPURI, BANK ROAD, CALICUT – 673 001.** - **2 SARADA THAMPATTY @ SARADHA RAMACHANDRAN, FLAT NO.608, C-BLOCK, STERLING RESIDENCY, DOLLARS COLONY, RMV II STAGE, BANGALORE - 560 094.** - **3 MEENAKSHI RAJAN, 714, FIRST AVENUE, HARRINSTON ROAD, CHENNAI - 600 031.** - **4 JAYALAKSHMY @ JAYASREE, 7D CHESNEY, NILGIRI, ETHIRAJ SALAL, CHENNAI - 600 105.** - **5 JAYARAJ @ JAYARAJ RAMACHANDRAN, FLAT.NO.608, C-BLOCK, STERLING RESIDENCY, DOLLARS COLONY, RMV-II STAGE, BANGALORE - 560 094.** **BY ADV SRI.R.RAMADAS** ## **RESPONDENTS/ COMPLAINANT & STATE :** - **1 THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT.** - **2 STATE REP. BY PUBLIC PROSECUTOR,** **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 2 ## **HIGH COURT OF KERALA, ERNAKULAM.** ## **BY SRI.NAGARAJ NARAYANAN, SPECIAL GOVT.PLEADER** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.09.2022, ALONG WITH Crl.MC.4869/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 29[TH] DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 CRL.MC NO. 4869 OF 2008** - **(AMENDED) CRIME NO.534/2008 OF JUDICIAL FIRST CLASS** **MAGISTRATE COURT, CHITTUR** *** THE WORD “KOLLENGODE POLICE STATION, PALAKKAD” IS ADDED AFTER THE CRIME NUMBER NO.534/2008 IN CRL.M.C.IN 4869/2008 AS PER ORDER DATED 19.01.2015 IN CRL.M.A.NO.10784/2014 IN CRL.M.C.NO.4869/2008.** **PETITIONER/ ACCUSED NO.6 :** **S. MUHAMMED ISMAIL, S/O.LATE A.SULAIMAN RAWTHER, RESIDING AT ASR, BUNGLOW, ENGLISH CHURCH ROAD, KOPPAM AMSOM DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT, KERALA.** **BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.** ## **RESPONDENTS/ COMPLAINANT & STATE :** - **1 DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT** - **2 STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** - **** ADDL.R3 IS IMPLEADED** **SUB INSPECTOR OF POLICE,** **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 4 ## **3 KOLLENGODE POLICE STATION, PALAKKAD DISTRICT** **R3 IS IMPLEDED AS ADDL.RESPONDENT AS PER ORDER DATED 19.01.2015 IN CRL.M.A.NO.10784/2014 IN CRL.M.C.NO.4869/2008.** **BY SRI. NAGARAJ NARAYANAN, SPECIAL GOVT.PLEADER** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.09.2022, ALONG WITH Crl.MC.4760/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 5 ## **BECHU KURIAN THOMAS, J.** =-=-=-=-=-=-=-=-=-=-=-=-=-= ## **Crl.M.C.No.4760 of 2008** ## **& Crl.M.C.No.4869 of 2008** =-=-=-=-=-=-=-=-=-=-=-=-=-= **Dated this the 29[th] day of September, 2022** ## **ORDER** These two petitions, filed under Section 482 of the Code of Criminal Procedure, 1973 seeks to quash the complaint and the FIR in Crime No.534/2008 of the Kollengode Police Station. 2. Petitioners in Crl.M.C.No. 4760/2008 are accused 1 to 5, while the petitioner in Crl.M.C.No.4869/2008 is the 6[th] accused in the above mentioned crime. The said crime was registered alleging offences punishable under Sections 447, 465, 467, 468, 471, 420, 423, 167 and 120B of the Indian Penal Code, 1860. 3. The crime was registered pursuant to a complaint filed by the Divisional Forest Officer, Nenmara. The FIR alleged that accused 1 to 5 forged documents claiming title to the property having an extent of 430 acres of forest land, which had vested with the Government as an ecologically fragile land as per notification dtd. 19-09-2000 and sold it to the sixth accused, who purchased the property knowing it to be government land and conspired with accused 7 and 8, who are government servants and thereby **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 6 cheated the government. Though initially, there were eight accused, later, accused 7 & 8 (the Sub-Registrar and the Village Officer) were removed from the array of accused. 4. Petitioners in these two cases are the accused 1 to 6 in the above-mentioned crime. For the purpose of easier comprehension, Petitioners in Crl.M.C.No. 4760/2008, who are accused 1 to 5, will be referred to as the ‘prior owners’, while the petitioner in Crl.M.C.No.4869/2008, who is the 6[th] accused, will be referred to as the ‘new owner’. Similarly, the documents referred to as ‘Annexures’ in this Judgment will be with reference to the annexures produced in Crl. M.C No. 4760/2008. 5. Prior owners held title to 550 acres of cardamom plantation in Survey No.854/Part of Muthalamada – 1 Village, Chittoor Taluk, Palakkad District. The father of the 6[th] accused was the lessee of the property under a registered lease and claimed to have been cultivating cardamom. From the year 1963 onwards, the 6[th] accused held the property as the lessee. The Kerala Private Forests (Vesting and Assignment) Act, 1971, was enacted by the State of Kerala, which provided for automatic vesting of all private forests in the Government on issuing a notification. Exclusion from vesting was mandated for plantations including cardamom. The **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 7 Government notified the entire extent of 550 acres of land as vested in the Government, allegedly being private forests. The prior owners approached the Forest Tribunal in O.A.No.139/1977, claiming that the land was not a private forest but a cardamom plantation. By judgment dated 28.05.1981 (Annexure 4), the Forest Tribunal, Palakkad found that out of the 550 acres in question, 530 acres were not private forests but cardamom plantations, entitled to be excluded from vesting. The Tribunal declared that the Custodian of Forests can only retain possession of 20 acres and that he has to restore possession of the remaining area to the prior owners. 6. Against the order of the Forest Tribunal in O.A.No.139/1977, the State preferred an appeal before this Court as M.F.A.No.1/1982, and by judgment dated 03.08.1983, the appeal was dismissed, thereby confirming the order of the Forest Tribunal. Subsequently, RP.No.19/1984 in MFA.No.1/1982 was filed by the State, which was allowed by order dated 17.09.1985. Challenging the final order in the review petition, the prior owners preferred a Special Leave Petition before the Supreme Court. By judgment dated 03.02.1995, the appeals were allowed, and the judgment of the Division Bench in M.F.A.No.1/1983 was restored. Thus the order of the Tribunal stood confirmed, mandating the **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 8 restoration of possession of 530 acres to the prior owners. It is pertinent to mention that, in the meantime, since the property was not restored to the owners, contempt petitions were filed as C.C.No.131/1997. Finally, this Court closed the contempt after noticing that the property was restored to the prior owners on 07.06.1997 and since the contemnors had offered their unconditional apology. Despite the above, this Court imposed a cost of Rs.5,000/- against each of the contemnors. 7. The woes of the petitioners did not end there and on the other hand, they started moving into a different pattern altogether. The long-winding litigation and the continued retention of possession by the State had by then destroyed the plantation. Soon after the property was restored to the petitioners, the State brought in an Ordinance by the name 'Ecologically Fragile Land Ordinance, 2000', which contemplated vesting of all ‘ecologically fragile lands’ in the State Government. A notification was also issued stating that 430 acres of the prior owners (which was part of the 530 acres returned to the prior owners) had vested with the State. The notification was published in the Kerala Gazette No.37 dated 19.09.2000. By virtue of the said Notification, 430 acres of property which were restored back to the petitioners after the judgment of ## **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 9 the Supreme Court became deemed to have vested with the Government as on 02.06.2000. 8. The aforementioned Ordinance was later replaced by the Ecologically Fragile Land Act, 2003 (for short, 'the EFL Act'), wherein also statutory provision provided for the continuance of the vesting of all those lands that had already been vested under the Ordinance. 9. As mentioned earlier, the 6[th] accused, who was holding the property as a lessee from 1963 onwards, had, after getting possession, purchased the jenmom right over the leased property by a registered Deed No.1430/2007 dated 15.05.2007. Thus from the said date, 6[th] accused became the absolute owner, and hence he is being referred to as the ‘new owner’. 10. In the meantime, the new owner filed an application before the Custodian of ecologically fragile lands under Section 19(3)(b) of the EFL Act requesting to revise the notification. However, by order dated 11.10.2007, the Custodian rejected the said petition. Challenging the order refusing to revise the notification, the new owner preferred W.P.(C) No.231/2008 before this Court. In the said writ petition, as per Annexure 24, an interim order was issued directing the respondent State not to dispossess **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 10 the petitioner therein from the property in dispute. Subsequently, by judgment dated 09.02.2012, the learned Single Judge dismissed the writ petition. Aggrieved by the Judgment of the learned Single Judge WA.No.931/2012 was preferred by the new owner. By judgment dated 25.03.2015, the writ appeal was allowed setting aside the judgment of the learned Single Judge, after finding that the property could not have been notified as an ecologically fragile land. Though State has preferred a Special Leave Petition before the Supreme Court as SLP.No.26438/2015, no order of stay has been obtained by the State. Therefore the judgment of the Division Bench declaring the notification to be bad in law and directing restoration of the property to the owners remains final and binding. 11. As mentioned earlier, after the property was notified as an ecologically fragile land, the jenmom right of the prior owners was transferred by Sale Deed No.1430/2007 dated 15.03.2007 of the Sub Registry Office, Kollengode. The cause of action for these two petitions under section 482 of Cr.P.C arises from a crime registered as FIR No.534/2008 (Annexure A26) before the Kollengode Police Station alleging that the accused had created documents of title in respect of property vested with the Government under the EFL Act and thereby the prior owners along with the new owner committed **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 11 the offence of cheating and forgery and other related offences. 12. The prior owners and the new owner have separately challenged the registration of the crime in these two Crl.M.Cs. As noted earlier, initially, the Sub Registrar, Kollengode, and Village Officer, Muthalamada were arrayed as accused 7 and 8 during the course of the investigation, those two Government officials have been deleted from the array of accused. 13. Petitioners contend that the very registration of the crime and the attempt to proceed against the petitioners is nothing but an abuse of the process of the court and also an attempt to overawe the judgments of the Supreme Court as well as that of this Court and even that of the Forest Tribunal. 14. According to Sri.G.Hariharan, the learned Counsel for the petitioners in Crl.M.C.No.4869/2008 and Sri.R.Ramdas, the learned Counsel for the petitioner in Crl.M.C.No.4760/2008, the registration and continuance of the criminal proceedings against the petitioners is a clear act of high-handedness and an attempt to wreak vengeance on the petitioners for pursuing their challenge through the litigations all along. It was also submitted that Annexure A25 complaint was filed at the instigation of the contemnor in C.C.C No.131/1997, who had submitted an unconditional apology before **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 12 the Division Bench of this Court while restoring possession of the property thus indicating an instance of malafide. The learned counsel further submitted that in view of the judgment in WA.No.931/2012, the property had been directed to be restored back to the owners after conclusively finding that the notification under the EFL Act could not have been issued. The said judgment asserts and affirms the title of accused 1 to 5 till 2007 and thereafter on accused No.6. In view of the said judgment, the very complaint and registration of crime against the petitioners have lost its credibility and foundation. In such circumstances, the learned counsel contended that the continuance of the crime against the petitioner would not serve any purpose other than sheer waste of judicial time. 15. Sri. Nagaraj Narayanan, the learned Special Government Pleader (Forest), contended that the crime registered against the petitioners cannot be quashed since, at the time the document was registered, petitioners did not have title to the property as the same stood vested by law with the Government and therefore creating documents under the guise of possessing proprietary rights over land belonging to the Government clearly amounts to a criminal act. Despite the above, it was fairly conceded that the judgment in **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 13 WA.No.931/2012 though appealed against before the Supreme Court, stay was not granted and that the State is bound to honour the said judgment. 16. I have considered the rival contentions. 17. The prior owners admittedly held title to 550 acres of cardamom plantation in Survey No.854/Part of Muthalamada – 1 Village, Chittoor Taluk, Palakkad District. The new owner was a lessee of the property from 1963 onwards. By order of the Forest Tribunal in O.A.No.139/1977, it was held that 530 acres were not private forests but cardamom plantations, entitled to be excluded from vesting. The Supreme Court affirmed the said decision. The property having an extent of 530 acres, was restored to the prior owners after the Supreme Court declared that the land was not a private forest and directed restoration of the said property to the owners. Thus petitioners in Crl.M.C.No.4760/2008 were the owners of the land notified under the EFL Act, till the date of notification in the year 2000. But in 2007 the sale of jenmom right to the new owner was executed and registered. Though at the time the prior owners executed the sale of their jenmam right in favour of the new owner, the property remained vested with the Government; the new owner had questioned the vesting before the Custodian of Forests **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 14 under Section 19(2)(b) of the EFL Act. When the application for revision of notification was rejected, the new owner approached this Court in W.P.(C) No.231/2008. The learned Single Judge dismissed the writ petition however, he preferred WA.No.931/2012. 18. By the judgment dated 25.03.2015 in WA.No.931/2012, the Division Bench allowed the appeal and declared that the notification vesting the land as EFL was void. It was observed as follows :- _“In such circumstances, we are absolutely certain that such a land cannot, in the light of the facts noticed and the principles laid down by this Court in Kumari Varma's case, be notified as an ecologically fragile land as defined under Act 21 of 2005 to vest under Section 3 thereof. In the aforesaid circumstances, the appellant is entitled to succeed. The judgment of the learned Single Judge is set aside and the writ petition is allowed as prayed for. The property of the appellant and the other co-owners notified as per Annexure R5(b) will be restored to its owners within 2 months of receipt of a copy of this judgment”._ The aforesaid observation makes it explicit that the land belonging to the petitioners in Survey No.854/Part of Muthalamada – 1 Village, Chittoor Taluk, Palakkad District could not have been notified as an ecologically fragile land under Act 21 of 2005. The notification under the EFL Act issued in respect of the property of **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 15 the petitioners does not survive anymore. The binding judgment of this Court makes it abundantly clear that the notification issued by the Government under the EFL Act in the year 2000 and subsequently in the year 2005 became void and is of no effect. The declaratory judgment of this Court relates back to the date of notification. Thus, under the eye of law, there is no notification declaring any portion of the land in Survey No.854/Part of Muthalamada – 1 Village, Chittoor Taluk as vested with the Government. 19. When a notification or any part of it has become void by virtue of a judgment of this Court, it needs no reiteration that all consequential action taken under the cover of the said notification loses its legal validity. The declaration of this Court in WA.No.931/2012 has thus affirmed and reiterated the title of the prior owners as on the date of notification. The fact that a special leave petition is pending consideration is no reason not to follow the judgment of the Division Bench in the writ appeal. It is trite law that even if an appeal is pending in the Supreme Court, the Single Judge is bound to follow the decision of the Division Bench (See the decision in **Abdu Rahiman v. District Collector, Malappuram** [2009 (4) KLT 485]. **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 16 20. Thus, when the prior owners continued to own the property, they were entitled to exercise all rights as an owner, including the right to sell their title and interest in the said property. When the owners of the property, in exercise of their lawful right, executed a sale deed, it cannot be held to be an offence under any law for the time being in force. 21. In the decision in **State of Haryana and Others v. Bhajan Lal and Others** [(1992) Supp (1) SCC 335], the Supreme Court held that when the allegations in the First Information Report or the complaint, even if taken at their face value and accepted in its entirety do not prima facie constitute any offence or make out a case against the accused, the FIR can be quashed. 22. The registration of the crime alleging offences under Sections 447, 465, 467, 468, 471, 420, 423, 167 and section 120B of the Indian Penal Code 1860, against the petitioners is nothing but an abuse of the process of the court. The proceedings cannot culminate in any valid trial or conviction. The investigation and any consequent trial will be a futile exercise. Therefore, I am of the considered view that this is a fit case where the FIR in Crime No.534/2008 of Kollengode Police Station is required to be quashed. In view of the above, I quash Annexure 26 FIR No.534/2008 **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 17 of Kollengode Police Station produced in Crl.M.C.No.4760/2008 and Crl.M.C.No.4869/2008. These Crl.M.Cs are allowed as above. Sd/- **BECHU KURIAN THOMAS, JUDGE** RKM **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 18 ## **APPENDIX OF CRL.MC 4869/2008** ## **PETITIONER'S ANNEXURES** **ANNEXURE 1 TRUE COPY OF THE LEASE DEED AGREEMENT EXECUTED BETWEEN SRI. E.VENUGOPALA VARMA RAJA OF VENGUNADU KOVILAKAM, KOLLANGODE AND SRI. A. SULAIMAN RAWTHER, ENGLISH CHURCH ROAD, PALAKKAD IN RESPECT OF 550 ACRES OF ORAVAMPADI BLOCK DATED 07/08/1963. ANNEXURE 2 TRUE COPY OF THE REGISTERED AGREEMENT EXECUTED BETWEEN THE COURT RECEIVER SRI. E.P. MENON AS LESSOR AND SRI. A.SULAIMAN RAWTHER AS LESSEE IN RESPECT OF THE AN.1 PROPERTY DATED 08/08/1973.** **ANNEXURE 3 TRUE COPY OF THE REGISTERED AGREEMENT BETWEEN THE COURT RECEIVER SRI. K. MADUSOODANAN NAIR AND LESSEE A. SULAIMAN RAWTHER IN RESPECT OF THE VERY SAME PROPERTY EXECUTED ON 01/11/1984 WITH THE PERMISSION OF THE DISTRICT COURT, PALAKKAD IN O.S. NO.1/1964.** **ANNEXURE 4 TRUE COPY OF THAT ORDER OF THE FOREST TRIBUNAL, PALAKKAD DATED 28/05/1981 IN OA 139/1977.** **ANNEXURE 4(A) TYPEWRITTEN COPY OF THE AN.4 ORDER. ANNEXURE 5 TRUE COPY OF THE JUDGMENT DATED 03/08/1983 IN M.F.A. NO.1/1982 OF THIS HON'BLE COURT. ANNEXURE 6 TRUE COPY OF THE ORDER IN RP NO. 19/1984 OF THIS COURT IN M.F.A. NO. 1/1982.** **ANNEXURE7 TRUE COPY OF THE JUDGMENT OF HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.120/1986.** **ANNEXURE 8 TRUE COPY OF THE DECREE DRAWN BY THE HON'BLE SUPREME COURT OF INDIA IN C.A. NO.120/1986.** ## **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 19 **ANNEXURE 9** **TRUE COPY OF THE JUDGMENT DATED 09/06/1997 IN CCC NO.131/1997 OF THIS HON'BLE COURT.** **ANNEXURE 10 TRUE COPY OF THAT CERTIFICATE NO. A3-OA 139/77 DATED 11/07/1997 ISSUED BY THE DIVISIONAL FOREST OFFICER, NENMARA IN THE NAME OF MOHAMMED ISMAIL. ANNEXURE 11 TRUE COPY OF THE SURVEY SKETCH CERTIFIED BY THE DFO, NENMARA IN RESPECT OF THE PROPERTY RESTORED TO MR. MOHAMMED ISMAIL PURSUANT TO AN.4 AND AN.10. ANNEXURE 12 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA 1 VILLAGE BY REFERENCE NO.67/98 DATED 17/01/1996.** - **ANNEXURE 13 TRUE COPY OF THE TAX RECEIPTS FOR THE PAYMENT OF PLANTATION TAX IN RESPECT OF THE LAND MENTIONED IN AN 1 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA DATED 17/01/1988 FOR THE FINANCIAL YEAR 1997-98.** - **ANNEXURE 13(A) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1999-2000.** - **ANNEXURE 13(B) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 200-01 TO 2005-06.** - **ANNEXURE 13(C) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2006-2007.** - **ANNEXURE 13(D) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2007-2008.** - **ANNEXURE 14 TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF ANNEXURES 1, 10 AND 11 PROPERTY TAKEN FROM THE REVENUE AUTHORITIES OF THE YEAR 2006 AND 2007.** - **ANNEXURE 14(A) TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF ANNEXURES 1, 10 AND 11 PROPERTY TAKEN FROM THE REVENUE AUTHORITIES OF THE YEAR 2007.** ## **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 20 |**ANNEXURE**|**15**|**TRUE COPY OF THE FILE.NO.D.DIS 1262/74**| |---|---|---| |||**DATED 11/03/1974 ISSUED BY TAHSILDAR,**| |||**CHITTUR.**| |**ANNEXURE**|**16**|**TRUE COPY OF THE CERTIFICATE OF**| |||**REGISTRATION IN THE FORM UNDER RULE 4**| |||**BEARING NO.D.DIS 21759/73/A7 ISSUED BY THE**| |||**DISTRICT COLLECTOR, PALAKKAD THROUGH THE**| |||**DEPUTY COLLECTOR (GENERAL) AND REGISTERING**| |||**AUTHORITY DATED 04/03/1976 SIGNED ON**| |||**05/03/1976 IN FORM 1 EVIDENCING THE**| |||**REGISTRATION OF COFFEE ESTATE IN**| |||**ORAVAMPADY.**| |**ANNEXURE**|**17**|**TRUE COPY OF THE CERTIFICATE OF**| |||**REGISTRATION ISSUED BY TAHSILDAR, CHITTUR**| |||**BEARING NO.2/1974 DATED 11/03/1974, UNDER**| |||**SECTION 11(I) OF THE CARDAMOM ACT, 1965**| |||**(CENTRAL ACT 42/1965).**| |**ANNEXURE**|**18**|**TRUE COPY OF THE PROCEEDINGS OF THE**| |||**DISTRICT COLLECTOR, PALAKKAD BY ORDER**| |||**NO.D.DIS 21759/73/A7 DATED 04/03/1976**| |||**ISSUED TO A.SULAIMAN RAWTHER.**| |**ANNEXURE**|**19**|**TRUE COPY OF THE REPRESENTATION DATED**| |||**20/07/2005 OF MR. MOHAMMED ISMAIL BEFORE**| |||**THE CHIEF CONSERVATOR OF FORESTS AND**| |||**CUSTODIAN.**| |**ANNEXURE**|**20**|**TRUE COPY OF THAT LETTER FROM THE**| |||**CONSERVATOR OF FORESTS TO THE DIVISIONAL**| |||**FOREST OFFICER, NENMARA DATED 08/02/2006.**| |**ANNEXURE**|**21**|**TRUE COPY OF THE JUDGMENT IN WPC**| |||**NO.16726/06 DATED 04/07/2006.**| |**ANNEXURE**|**21(A)**|**TRUE COPY OF THE ORDER IN IA 3558/2007 IN**| |||**WPC NO. 16726/2006 DATED 15/03/2007.**| |**ANNEXURE**|**22**|**TRUE COPY OF THE SECOND APPLICATION FOR**| |||**EXTENSION OF TIME FILED BY THE STATE**| |||**SEEKING EXTENSION OF TIME TO DISPOSE OF**| |||**THE REPRESENTATION.**| **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 21 **ANNEXURE 23 TRUE COPY OF THE ORDER PASSED BY THE AUTHORITY AND RECEIVED BY MR. MOHAMMED ISMAIL DATED ON 03/12/2007.** **ANNEXURE 24 TRUE COPY OF THE INTERIM ORDER DATED 03/01/2008 IN WPC NO.231/2008 CHALLENGING AN.23 ORDER AND FOR OTHER APPROPRIATE RELIEFS.** **ANNEXURE 25 TRUE COPY OF THE COMPLAINT DATED 24/11/2008 BEFORE THE CIRCLE INSPECTOR OF POLICE, KOLLANGODE BY THE 1ST RESPONDENT. ANNEXURE 26 TRUE COPY OF THE FIR IN CR. NO.534/2008 OF JFCM, CHITTUR.** **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 22 ## **APPENDIX OF CRL.MC 4760/2008** ## **PETITIONERS' ANNEXURES** |**ANNEXURE**|**1**|**TRUE COPY OF THE LEASE DEED AGREEMENT**| |---|---|---| |||**EXECUTED BETWEEN SRI. E.VENUGOPALA VARMA**| |||**RAJA OF VENGUNADU KOVILAKAM, KOLLANGODE**| |||**AND SRI. A. SULAIMAN**| |||**RAWTHER, ENGLISH CHURCH ROAD, PALAKKAD IN**| |||**RESPECT OF 550 ACRES OF ORAVAMPADI BLOCK**| |||**DATED 07/08/1963.**| |**ANNEXURE**|**2**|**TRUE COPY OF THE REGISTERED AGREEMENT**| |||**EXECUTED BETWEEN THE COURT RECEIVER**| |||**SRI. E.P. MENON AS LESSOR AND SRI.**| |||**A.SULAIMAN RAWTHER AS LESSEE IN RESPECT OF**| |||**THE AN.1 PROPERTY DATED 08/08/1973.**| |**ANNEXURE**|**3**|**TRUE COPY OF THE REGISTERED AGREEMENT**| |||**BETWEEN THE COURT RECEIVER SRI. K.**| |||**MADUSOODANAN NAIR AND LESSEE A. SULAIMAN**| |||**RAWTHER IN RESPECT OF THE VERY SAME**| |||**PROPERTY EXECUTED ON 01/11/1984 WITH THE**| |||**PERMISSION OF THE DISTRICT COURT, PALAKKAD**| |||**IN O.S. NO.1/1964.**| |**ANNEXURE**|**4**|**TRUE COPY OF THAT ORDER OF THE FOREST**| |||**TRIBUNAL, PALAKKAD DATED 28/05/1981 IN OA**| |||**139/1977.**| |**ANNEXURE**|**4(A)**|**TYPEWRITTEN COPY OF THE AN.4 ORDER.**| |**ANNEXURE**|**5**|**TRUE COPY OF THE JUDGMENT DATED 03/08/1983**| |||**IN M.F.A. NO.1/1982 OF THIS HON'BLE COURT.**| |**ANNEXURE**|**6**|**TRUE COPY OF THE ORDER IN RP NO. 19/1984**| |||**OF THIS COURT IN M.F.A. NO. 1/1982.**| |**ANNEXURE**|**7**|**TRUE COPY OF THE JUDGMENT OF HON'BLE**| |||**SUPREME COURT OF INDIA IN CIVIL APPEAL**| |||**NO.120/1986.**| |**ANNEXURE**|**8**|**TRUE COPY OF THE DECREE DRAWN BY THE**| |||**HON'BLE SUPREME COURT OF INDIA IN C.A.**| |||**NO.120/1986.**| ## **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 23 **TRUE COPY OF THE JUDGMENT DATED 09/06/1997 IN CCC NO.131/1997 OF THIS HON'BLE COURT.** - **ANNEXURE 9 TRUE COPY OF THE JUDGMENT DATED 09/06/1997 IN CCC NO.131/1997 OF THIS HON'BLE COURT.** - **ANNEXURE 10 TRUE COPY OF THAT CERTIFICATE NO. A3-OA 139/77 DATED 11/07/1997 ISSUED BY THE DIVISIONAL FOREST OFFICER, NENMARA IN THE NAME OF MOHAMMED ISMAIL.** - **ANNEXURE 11 TRUE COPY OF THE SURVEY SKETCH CERTIFIED BY THE DFO, NENMARA IN RESPECT OF THE PROPERTY RESTORED TO MR. MOHAMMED ISMAIL PURSUANT TO AN.4 AND AN.10.** - **ANNEXURE 12 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA 1 VILLAGE BY REFERENCE NO.67/98 DATED 17/01/1996.** - **ANNEXURE 13 TRUE COPY OF THE TAX RECEIPTS FOR THE PAYMENT OF PLANTATION TAX IN RESPECT OF THE LAND MENTIONED IN AN 1 ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA DATED 17/01/1988 FOR THE FINANCIAL YEAR 1997-98.** - **ANNEXURE 13(A) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1999-2000.** - **ANNEXURE 13(B) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2006-2007.** - **ANNEXURE 13(C) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2006-2007.** - **ANNEXURE 13(D) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2007-2008.** - **ANNEXURE 14 TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF ANNEXURES 1, 10 AND 11 PROPERTY TAKEN FROM THE REVENUE AUTHORITIES OF THE YEAR 2006 AND 2007.** - **ANNEXURE 14(A) TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF ANNEXURES 1, 10 AND 11 PROPERTY TAKEN FROM THE REVENUE AUTHORITIES OF THE YEAR 2007.** ## **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** 24 |**ANNEXURE**|**15**|**TRUE COPY OF THE FILE.NO.D.DIS 1262/74**| |---|---|---| |||**DATED 11/03/1974 ISSUED BY TAHSILDAR,**| |||**CHITTUR.**| |**ANNEXURE**|**16**|**TRUE COPY OF THE CERTIFICATE OF**| |||**REGISTRATION IN THE FORM UNDER RULE 4**| |||**BEARING NO.D.DIS 21759/73/A7 ISSUED BY THE**| |||**DISTRICT COLLECTOR, PALAKKAD THROUGH THE**| |||**DEPUTY COLLECTOR (GENERAL) AND REGISTERING**| |||**AUTHORITY DATED 04/03/1976 SIGNED ON**| |||**05/03/1976 IN FORM 1 EVIDENCING THE**| |||**REGISTRATION OF COFFEE ESTATE IN**| |||**ORAVAMPADY.**| |**ANNEXURE**|**17**|**TRUE COPY OF THE CERTIFICATE OF**| |||**REGISTRATION ISSUED BY TAHSILDAR, CHITTUR**| |||**BEARING NO.2/1974 DATED 11/03/1974, UNDER**| |||**SECTION 11(I) OF THE CARDAMOM ACT, 1965**| |||**(CENTRAL ACT 42/1965).**| |**ANNEXURE**|**18**|**TRUE COPY OF THE PROCEEDINGS OF THE**| |||**DISTRICT COLLECTOR, PALAKKAD BY ORDER**| |||**NO.D.DIS 21759/73/A7 DATED 04/03/1976**| |||**ISSUED TO A.SULAIMAN RAWTHER.**| |**ANNEXURE**|**19**|**TRUE COPY OF THE REPRESENTATION DATED**| |||**20/07/2005 OF MR. MOHAMMED ISMAIL BEFORE**| |||**THE CHIEF CONSERVATOR OF FORESTS AND**| |||**CUSTODIAN.**| |**ANNEXURE**|**20**|**TRUE COPY OF THAT LETTER FROM THE**| |||**CONSERVATOR OF FORESTS TO THE DIVISIONAL**| |||**FOREST OFFICER, NENMARA DATED 08/02/2006.**| |**ANNEXURE**|**21**|**TRUE COPY OF THE JUDGMENT IN WPC**| |||**NO.16726/06 DATED 04/07/2006.**| |**ANNEXURE**|**21(A)**|**TRUE COPY OF THE ORDER IN IA 3558/2007 IN**| |||**WPC NO. 16726/2006 DATED 15/03/2007.**| |**ANNEXURE**|**22**|**TRUE COPY OF THE SECOND APPLICATION FOR**| |||**EXTENSION OF TIME FILED BY THE STATE**| |||**SEEKING EXTENSION OF TIME TO DISPOSE OF**| |||**THE REPRESENTATION.**| **CRL.MC NO. 4760 OF 2008 & CRL.MC NO. 4869 OF 2008** # 25 **ANNEXURE 23** **TRUE COPY OF THE ORDER PASSED BY THE AUTHORITY AND RECEIVED BY MR. MOHAMMED ISMAIL DATED ON 03/12/2007.** **ANNEXURE 24 TRUE COPY OF THE INTERIM ORDER DATED 03/01/2008 IN WPC NO.231/2008 CHALLENGING AN.23 ORDER AND FOR OTHER APPROPRIATE RELIEFS.** **ANNEXURE 25 TRUE COPY OF THE COMPLAINT DATED 24/11/2008 BEFORE THE CIRCLE INSPECTOR OF POLICE, KOLLANGODE BY THE 1ST RESPONDENT. ANNEXURE 26 TRUE COPY OF THE FIR IN CR. NO.534/2008 OF JFCM, CHITTUR.**