High Court of KeralaSingle JudgePartial: For petitions under 10A involving land...
In the High Court of Kerala at Ernakulam - WP(C).No. 17930 of 2015 (M) and connected cases
Case / Petition Number:WP(C). No. 17930/2015 (M)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- The Honourable Mrs. Justice Anu Sivaraman
- Judgment Date
- 2020-03-20
- Court Decision / Holding
- WP(C). Nos. 17930/2015 and connected cases are allowed; the impugned orders are set aside. The respondents are directed to consider the applications filed under Section 10A of the EFL Act, with the petitioners producing the documents on which their title is claimed. Status quo to be maintained for three months to enable interim arrangements. In WP(C). Nos. 17532 and 14630/2015 (lands >2 hectares), the rejection of the applications under Section 10A is justified; petitioners may approach the EFL Tribunal under Section 10.
- Final Disposition
- Partial: For petitions under 10A involving lands up to 2 hectares, the petitions are allowed; impugned orders set aside; respondents directed to consider the 10A applications; status quo for 3 months. For petitions involving lands more than 2 hectares (e.g., WP(C). Nos. 17532, 14630, etc.), the rejection under Section 10A is justified, and petitioners may approach the EFL Tribunal under Section 10.
Parties to the Case
Appellants / Petitioners
- Sameer Mottemm al
- Sanjay Sebastian
- T. Radhakrishnan
- T. Rema Devi
- T. Girija Devi
- T. Mohan Kumar
- Jasmitha
- Fathima Ponmanchi
- E. Moideen Koya
- P. P. Sainabi
- E. Rejeesh
- Sathish Kumar P. Shah
- Aswin S. Shah
- Himanshu S. Shah
- Jithenda Kumar P. Shah
- Santhilal Jadavji Patalia
- Jinesh Shantilal Patalia
- Mangalath Haridas
- K. Rajan
- Suhaib Mottemm al
- Siyad Mottemm al
- Ashkar T.M.
- Marshida M.
Respondents
- Principal Chief Conservator of Forests, Kerala (Custodian - EFL Lands)
- Divisional Forest Officer, South Wayanad Division
- Chief Conservator of Forests, Northern Circle, Kannur
- Ecologically Fragile Land Claim Dispute Redressal Committee
- Range Forest Officer, Meppadi, Wayanad District
- State of Kerala, represented by its Secretary, Department of Forests
Legal Representation & Advocates
Counsels for Petitioners
- • Adv. E. Narayanan
- • Adv. K.M. Firoz
- • Adv. Smt. M. Shajna
- • Adv. Sri S. Kannan
- • Adv. Sri D. Krishna Prasad
Counsels for Respondents
- • Sri Sandesh Raja.K., Spl. G.P. (Forest)
Case Synopsis & Summary
These batch writ petitions challenge proceedings under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (EFL Act) against lands owned by the petitioners. The core issue is whether small holders can invoke Section 10A to dispute land notified as ecologically fragile, and how the six-month deadline in Section 10A(7) should be counted. The court examined the mandatory nature of Section 3(2) (notification to owners) and the effect of subsequent notifications, vested ownership, and the appointed day (2.6.2000). Petitioners contended that notices under Section 3(2) were issued late (or learned late) and that Section 10A should be read to allow disputes within six months from the date owners are put on notice, not merely from the Gazette notification. They relied on Girlwar Prasad Narain Singh v. Dukhu Lal Das (1968) and Parameswara Sastrigal KS v. State of Kerala (2008) to argue mandatory notices and the rights of assignees. The court concluded that Section 3(2) is mandatory and that Section 10A should be read down so small holders can file within six months from the date of service of individual notices, where applicable. The result: petitions under 10A for lands upto 2 hectares are allowed, with directions to consider the applications; status quo maintained for three months. Petitions involving more than 2 hectares (e.g., 17532/2015 and 14630/2015 series) are not allowed under 10A, but petitioners may move the EFL Tribunal under Section 10.
Provisions of Law Cited
Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 - Section 3(1) and 3(2)Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 - Section 10A (1)Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 - Section 10A(6)Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 - Section 10A(7)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners argued that Section 3(2) requires mandatory notification in writing to landowners and that the remedy under Section 10A is available to small holders as on the appointed day (2.6.2000). They contended that the six-month limitation in Section 10A(7) must be read down to allow disputes to be raised within six months from the date owners were put on notice under Section 3(2), especially where the owners were not aware of the notification. They relied on Girlwar Prasad Narain Singh v. Dukhu Lal Das (1968) KHC 642 to support the mandatory nature of intimation and on Parameswara Sastrigal KS v. State of Kerala (2008) for the rights of assignees. The court was urged to protect small holders by enabling timely resolution of disputes, especially when possession has already vested in the Government. They also pressed that those who acquired land from small holders before vesting should benefit from Section 10A, and that status quo be maintained during interim disposal.
Contentions of Respondents
The respondents argued that the EFL Act vests land in the Government and that Section 3(2) requires notification to owners; Section 10A provides a remedy only to small holders as on the appointed day, making the six-month limit from the date of notification or amendment Act 2009 binding. They contended that post-vesting purchasers cannot claim the rights of Section 10A and that only disputes decided under Section 10 are protected from reopening. They urged strict adherence to Section 3(2) and the six-month window in 10A(7), and argued that land more than two hectares is outside the ambit of Section 10A and should proceed under Section 10 before the EFL Tribunal. They sought to uphold the impugned orders for lands exceeding 2 hectares and maintain status quo for a limited period to allow custodian to act.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Girlwar Prasad Narain Singh v. Dukhu Lal Das (dead) by his Lrs and Others | 1968 KHC 642 | Positive | Cited to support that the provision relating to individual intimation to the owners under Section 3(2) is mandatory and that time for Section 10A disputes begins from the date of such intimation. |
| Parameswara Sastrigal K.S. v. State of Kerala and others | 2008 (2) KHC 434 | Positive | Cited to support that an assignee to land is entitled to the benefit of Sections 3(2) and 3(3) of the EFL Act and can step into the rights of the original owner. |
| M.F.A. No. 292/1987, Kerala High Court | (Kerala HC) | Mentioned Only | Exhibited as prior authority; not central to the ratio, but cited/produced in Appendix. |
Diagnostic Tool
Does this judgment govern your specific facts?
Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against In the High Court of Kerala at Ernakulam - WP(C).No. 17930 of 2015 (M) and connected cases and instantly map out authorities that support, challenge, or govern your position.
Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.17930 OF 2015(M)**
## **- PETITIONER :**
**SAMEER MOTTEMMAL, AGED 35 YEARS, S/O.ASSU, PALLUR, CHOKLI P.O., PIN - 670 672. BY ADV. SRI.E.NARAYANAN**
## **- RESPONDENTS :**
- **1 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISION FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FOREST NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY SRI.SANDESH RAJA.K. SPL. G.P., FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).34701/2010(K) AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 2 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.34701 OF 2010**
## **- PETITIONERS :**
- **1 SANJAY SEBASTIAN, SON OF SEBASTIAN, KOCHUKANDATHIL KARA, GRACE VILLA, POONJAR.P.O., KOTTAYAM - 686 581.**
- **2 T.RADHAKRISHNAN, SON OF SHARDA AMMA S/328, SAHYADRI COLONY, CHANDRANAGAR.P.O., PALAKKAD - 678 007.**
- **3 T.REMA DEVI, DAUGHTER OF SHARADA AMMA S/328, SAHYADRI COLONY, CHANDRANAGAR.P.O., PALAKKAD - 678 007.**
- **4 T.GIRIJA DEVI, DAUGHTER OF SHARADA AMMA S/328, SAHYADRI COLONY, CHANDRANAGAR.P.O., PALAKKAD - 678 007.**
- **5 T.MOHAN KUMAR, SON OF SHARADA AMMA S/328, SAHYADRI COLONY, CHANDRANAGAR.P.O., PALAKKAD - 678 007.**
**BY ADV. SRI.D.KRISHNA PRASAD**
## **- RESPONDENTS :**
- **1 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, VAZHUTHACAD, THIRUVANANTHAPURAM-695001.**
- **2 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY SRI.SANDESH RAJA.K. SPL. G.P., FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 3 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.9366 OF 2015**
## **- PETITIONER :**
**JASMITHA, W/O.THOUSIF MUHAMMED, FAJAR, ATHANIKKAL, WEST HILL P.O., KOZHIKODE, PIN - 673 005. BY ADV. SRI.E.NARAYANAN**
## **- RESPONDENTS :**
|**1**|**THE STATE OF KERALA**|
|---|---|
||**REPRESENTED BY ITS PRINCIPAL SECRETARY,**|
||**DEPARTMENT OF FOREST, SECRETARIAT,**|
||**TRIVANDRUM - 695 001.**|
|**2**|**THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**|
||**(CUSTODIAN-BIO DIVERSITY ECOLOGICALLY FRAGILE**|
||**LANDS), FOREST HEAD QUARTERS, VAZHUTHAKKAD,**|
||**TRIVANDRUM, PIN - 695 014.**|
|**3**|**THE DIVISIONAL FOREST OFFICER**|
||**SOUTH WAYANAD DIVISION, PINANGOD ROAD,**|
||**KALPETTA, WAYANAD, PIN - 673 121.**|
|**4**|**THE CHIEF CONSERVATOR OF FORESTS**|
||**NORTHERN CIRCLE, KANNUR,**|
||**KANNUR P.O., PIN - 670 012.**|
||**BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)**|
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.3.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 4 :-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.13992 OF 2015**
## **PETITIONER :-**
**FATHIMA PONMANCHI, AGED 44 YEARS, D/O.T.M HUSSAIN, "BEEBIS", M.M ROAD, THALASSERY, KANNUR DISTRICT - 670 101**
**BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MAPADI, WAYNAD DISTRICT - 673 533.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 5 :-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14254 OF 2015**
## **PETITIONER :-**
**E.MOIDEEN KOYA, AGED 66 YEARS, S/O.BEERANKUTTY, EDATHIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT - 10.**
**BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
## **BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 6 :-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14611 OF 2015**
## **PETITIONER :-**
**P.P.SAINABI, AGED 62 YEARS, D/O.P.HUSSAIN HAJI, PUTHIYA PURAYIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT - 10.**
**BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 7 :-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14627 OF 2015**
## **PETITIONER :-**
**E.REJEESH, AGED 44 YEARS, S/O.E.MOIDEEN KOYA, EDATHIL HOUSE, FLORICAN HILL ROAD, KARAPARAMBA, CALICUT - 10.**
**BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 8 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14630 OF 2015**
## **PETITIONERS :-**
- **1 SATHISH KUMAR P.SHAH, AGED 61 YEARS, S/O.LATE PURUTHOTHAM L.SHAH, 4/668, ZILLA COLONY, P.T.USHA ROAD, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE.**
- **2 ASWIN S.SHAH, AGED 33 YEARS, S/O.SATISH KUMAZ.P.SHAH, 4/668, ZILLA COLONY, P.T.USHA ROAD, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE.**
- **3 HIMANSHU S.SHAH, AGED 41 YEARS, S/O.SURENDRAKUMAR P.SHAH, 8/69, NEEL PREETH, CORPORATION OFFICE ROAD, NAGARAM AMSOM AND DESOM, KOZHIKODE.**
- **4 JITHENDA KUMAR P.SHAH, AGED 57 YEARS, S/O.LATE PURUSHOTHAM.L.SHAH, 36, JAYANTHI NAGAR HOUSING COLONY, P.T.USHA ROAD, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE. BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
**1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014. 2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121. 3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 9 :-
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 10 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14633 OF 2015**
## **- PETITIONERS :**
- **1 SANTHILAL JADAVJI PATALIA, AGED 72 YEARS S/O.JADAVJI PATALIA, 501/A, BHAVANI COMPLEX, BHAVANI SHANKER ROAD, DADAR WEST, MUMBAI-400 028.**
- **2 JINESH SHANTILAL PATALIA, AGED 39 YEARS S/O.SHANTILAL J. PATALIA, 501/A, BHAVANI COMPLEX, BHAVANI SHANKER ROAD, DADAR WEST, MUMBAI-400 028.**
**BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **- RESPONDENTS :**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 11 :-
**6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 12 :-
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14733 OF 2015**
## **PETITIONER :-**
**MANGALATH HARIDAS, AGED 50 YEARS S/O.PONNAPPAN NAIR, P.O.PUTHOOR VAYIL, VYTHIRI TALUK, KALPETTA AMSOM DESOM, WAYANAD - 673 121.**
**BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 13 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.14734 OF 2015**
## **PETITIONER :-**
**K.RAJAN, AGED 48 YEARS, S/O.KRISHNA PILLAI, MANGALATH HOUSE, P.O.PUTHOOR VAYIL, VYTHIRI TALUK, KALPETTA AMSOM DESOM, WAYANAD DISTRICT - 673 121. BY ADVS.SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA**
## **RESPONDENTS :-**
- **1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA, VAZHUTHAKKAD, THIRUVANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYNAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. FOREST**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 14 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.16869 OF 2015**
## **- PETITIONERS :**
|**1**|**SUHAIB MOTTEMMAL, AGED 37 YEARS,**|
|---|---|
||**S/O.YUSAF, PALLUR, CHOKLI P.O., PIN : 670 672.**|
|**2**|**SIYAD MOTTEMMAL, AGED 36 YEARS, S/O.MOHAMMED,**|
||**PALLUR, CHOKLI P.O., PIN : 670 672.**|
|**3**|**ASHKAR T.M., AGED 34, S/O.ASSU KOLLANTAVIDA,**|
||**PALLUR, CHOKLI P.O., PIN : 670 672.**|
||**BY ADV. SRI.E.NARAYANAN**|
## **- RESPONDENTS :**
|**1**|**PRINCIPAL CHIEF CONSERVATOR OF FOREST,**|
|---|---|
||**KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE**|
||**LANDS) CUSTODIAN (EFL) OFFICE,**|
||**FOREST HEAD QUARTERS, VAZHUTHAKKAD,**|
||**THIRUVANANTHAPURAM - 695 014.**|
|**2**|**THE DIVISIONAL FOREST OFFICER (D.F.O)**|
||**SOUTH WAYAND DIVISION, PINANGOD ROAD,**|
||**DIVISION FOREST OFFICE, KALPETTA - 673 121.**|
|**3**|**THE CHIEF CONSERVATOR OF FOREST**|
||**NORTHERN CIRCLE, KANNUR - 670 012.**|
|**4**|**THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE**|
||**REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL**|
||**CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD,**|
||**THIRUVANANTHAPURAM - 695 001, REPRESENTED BY**|
||**THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS.**|
|**5**|**THE RANGE FOREST OFFICER**|
||**MEPADI, WAYANAD DISTRICT - 673 121.**|
WP(C).No.17930/2015 AND CONNECTED CASES
-: 15 :-
**6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.02.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 16 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.17532 OF 2015**
## **PETITIONERS :-**
- **1 SIYAD MOTTEMMAL, AGED 36 YEARS S/O.MOHAMMED, PALLUR CHOKLI P.O. PIN - 670 672.**
- **2 MARSHIDA.M., AGED 25, W/O.SAMEER MOTTAMMEL, PALLUR, CHOKLI P.O. PIN - 670 672.**
**BY ADV. SRI.E.NARAYANAN**
## **RESPONDENTS :-**
- **1 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISION FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FOREST NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD THIRUVANANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPLE CHIEF CONSERVATOR OF FORESTS.**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.20, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.3.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 17 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.17533 OF 2015**
## **PETITIONER :-**
**MARSHIDA.M., AGED 25 YEARS, W/O.SAMEER MOTTAMMEL, PALLUR, CHOKLI P.O., PIN - 670 672.**
**BY ADV. SRI.E.NARAYANAN**
## **RESPONDENTS :-**
- **1 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), CUSTODIAN (EFL) OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.**
- **2 THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISION FOREST OFFICE, KALPETTA - 673 121.**
- **3 THE CHIEF CONSERVATOR OF FOREST NORTHERN CIRCLE, KANNUR - 670 012.**
- **4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD THIRUVANANTHAPURAM - 695 001 REPRESENTED BY THE PRINCIPLE CHIEF CONSERVATOR OF FORESTS.**
- **5 THE RANGE FOREST OFFICER MEPADI, WAYANAD DISTRICT - 673 121.**
- **6 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. (FOREST)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 18 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.17536 OF 2015**
## **PETITIONER :-**
**SUHAIB MOTTEMMAL, AGED 37 YEARS, S/O.YUSAF, PALLUR, CHOKLI P.O. PIN - 670 672. BY ADV. SRI.E.NARAYANAN**
## **RESPONDENTS :-**
|**1**|**THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,**|
|---|---|
||**KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE**|
||**LANDS), CUSTODIAN (EFL) OFFICE,**|
||**FOREST HEAD QUARTERS, VAZHUTHAKKAD,**|
||**THIRUVANANTHAPURAM - 695 014.**|
|**2**|**THE DIVISIONAL FOREST OFFICER (D.F.O)**|
||**SOUTH WAYANAD DIVISION, PINANGOD ROAD,**|
||**DIVISION FOREST OFFICE, KALPETTA - 673 121.**|
|**3**|**THE CHIEF CONSERVATOR OF FOREST**|
||**NORTHERN CIRCLE, KANNUR - 670 012.**|
|**4**|**THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE**|
||**REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL**|
||**CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD**|
||**THIRUVANANTHAPURAM - 695 001 REPRESENTED BY**|
||**THE PRINCIPLE CHIEF CONSERVATOR OF FORESTS.**|
|**5**|**THE RANGE FOREST OFFICER**|
||**MEPADI, WAYANAD DISTRICT - 673 121.**|
|**6**|**THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,**|
||**DEPARTMENT OF FOREST, SECRETARIAT,**|
||**THIRUVANANTHAPURAM - 695 001.**|
**BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. (FOREST)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 19 :-
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941**
## **WP(C).No.18110 OF 2015**
## **PETITIONER :-**
**ASHKAR T.M., AGED 34, S/O.ASSU KOLLANTAVIDA, PALLUR, CHOKLI P.O., PIN - 670 672. BY ADV. SRI.E.NARAYANAN**
## **RESPONDENTS :-**
|**1**|**THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,**|
|---|---|
||**KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE**|
||**LANDS), CUSTODIAN (EFL) OFFICE,**|
||**FOREST HEAD QUARTERS, VAZHUTHAKKAD,**|
||**THIRUVANANTHAPURAM - 695 014.**|
|**2**|**THE DIVISIONAL FOREST OFFICER (D.F.O)**|
||**SOUTH WAYANAD DIVISION, PINANGOD ROAD,**|
||**DIVISION FOREST OFFICE, KALPETTA - 673 121.**|
|**3**|**THE CHIEF CONSERVATOR OF FOREST**|
||**NORTHERN CIRCLE, KANNUR - 670 012.**|
|**4**|**THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE**|
||**REDRESSAL COMMITTEE, OFFICE OF THE PRINCIPAL**|
||**CONSERVATOR OF FOREST, KERALA, VAZHUTHAKKAD**|
||**THIRUVANANTHAPURAM - 695 001 REPRESENTED BY**|
||**THE PRINCIPLE CHIEF CONSERVATOR OF FORESTS.**|
|**5**|**THE RANGE FOREST OFFICER**|
||**MEPADI, WAYANAD DISTRICT - 673 121.**|
|**6**|**THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,**|
||**DEPARTMENT OF FOREST, SECRETARIAT,**|
||**THIRUVANANTHAPURAM - 695 001.**|
**BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. (FOREST)**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2020, ALONG WITH WP(C).17930/2015 AND CONNECTED CASES, THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING:**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 20 :-
## **JUDGMENT**
## **Dated this the 20th day of March 2020**
1. These writ petitions are filed challenging the proceedings issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act,2003 (hereinafter referred to as the 'EFL Act') against properties owned by the petitioners. The essential challenge was against the orders of the Forest Tribunal rejecting the applications preferred by the petitioners under Section 10A of the EFL Act on the ground that the applications are time barred.
- 2.Heard learned counsel for the petitioners and the learned Special Government Pleader for the respondents.
3. The learned counsel for the petitioners submit that the petitioners are small holders as provided under Section 10A the EFL Act and that as such, their applications require a consideration, taking the date of service of individual notices of the notification under Section 3 (2) to them. Notifications under Section 3(1) had been issued on 26.10.2013 and notified in the Gazette on 3.12.2013. However, individual notices were issued to the parties only long thereafter, that is, on
WP(C).No.17930/2015 AND CONNECTED CASES
-: 21 :-
20.11.2014 or 18.2.2014 as the case may be. It is contended that the petitioners had purchased the properties after the appointed day, but before the date of the notification. The petitioners had submitted applications under Section 10A on 15.1.2015. The applications had been rejected on the ground that they were belated by orders dated 18.2.2014. It is submitted by the learned counsel for the petitioners that they had no means of knowing that the properties had been notified as Ecologically Fragile Lands. It is stated that it was only on receipt of individual notices that they came to be aware of the fact that the properties stood notified.
4. It is stated that Section 3(2) provides for a notification and an information in writing to the owner by the custodian, which are both mandatory. Section 10A provides for an application to be filed before the Principal Chief Conservator of Forest in case a small holder has any dispute whether his land is ecologically fragile land or not. Section 10A(7) provides for an application under Section 10A being filed within six months from the date of publication of the EFL (Amendment) Act 2009 or from the date of the notification under Section 3. The contention of the learned counsel for the petitioners is that the
WP(C).No.17930/2015 AND CONNECTED CASES
-: 22 :-
said provision has to be read down to permit the consideration of a dispute raised within six months from the date on which the owners are put on notice of the notification, failing which the small holders will be put to extreme prejudice.
5. Relying on a decision of the Apex Court in **Girlwar Prasad Narain Singh v. Dukhu Lal Das (dead) by his Lrs and Others** [1968 KHC 642], learned counsel for the petitioners contend that the provision with regard to individual intimation to the owners under Section 3(2) is mandatory in nature and that as such, the time for making the application under Section 10A begins to run only from the date of intimation to the individual owners. Reliance is also placed on the decision of this Court in **Parameswara Sastrigal K.S. v. State of Kerala and others** [2008 (2) KHC 434] to contend that an assignee to the land is also entitled to the benefit of Section 3(2) and 3(3) of the EFL Act and that the assignee steps into the shoes of assignor and has the rights and liabilites of the original owner of the land.
- 6.A detailed counter affidavit has been placed on record. It is contended therein that after a land is notified as ecologically
WP(C).No.17930/2015 AND CONNECTED CASES
-: 23 :-
fragile land, the petitioners have no right to claim title over such land which has vested in the Government and that the only option available is for them to approach the EFL Tribunal under Section 10, in case there have a dispute with regard to the nature of the property. It is stated that 100 hectares of land in Re-survey Nos.410/pt., 411/pt., 412/pt., 414/pt., 421/pt. of Chundale village of Vythiri Taluk at Mele Poonchola was notified as per Exhibit P3 notification dated 26.10.2013 and published in Gazette dated 3.12.2013. It is stated that the property was ecologically fragile land as on the appointed day, that is, 2.6.2000 and since sub-section 7 of Section 10A is couched in negative terms, no application could have been preferred after six months from the date of the notification. It is stated that the properties had been purchased by the petitioners long after the vesting became effective and that only small holders as on the appointed day have any right to raise a dispute under Section 10A. It is stated that the petitioners who have come into possession of the property long after the vesting has taken effect cannot claim any protection and in the absence of a dispute being raised within the time prescribed in the statute under Section 10A, they have no right to contend that the rejection on the ground of delay is
WP(C).No.17930/2015 AND CONNECTED CASES
-: 24 :-
unjustified.
## 7.I have considered the contentions advanced. Section 3 of the EFL Act reads as follows:-
“3 **.Ecologically fragile lands to vest in Government. (** 1) Notwithstanding anything contained in any other law for the time being in force, or in any judgment, decree, or order of any court or tribunal or in any custom, contract or other documents, with effect from the date of commencement of this Act, the ownership and possession of all ecologically fragile lands held by any person or any other form of right over them, shall stand transferred to and vested in the Government free from all encumbrances, and the right title and interest of the owner or any other person thereon shall stand extinguished from the said date.
(2) The lands vested in the Government under sub-section (1) shall be notified in the Gazette and the owner shall be informed in writing by the custodian and the notification shall be placed before the Advisory Committee constituted under Section 15 for perusal.”
- 8.Section 10A which has been introduced by amendment w.e.f. 20.8.2009 provides an additional remedy in the case of small holders. Section 10A(1) reads as follows:-
- “10A. Dispute Redressal in respect of lands having an extent of more than two hectares.-(1)Notwithstanding anything contained in section 10, if any owner of the land which has been notified under section 3 and having an extent of, not more than two hectares as on 2nd day of June, 2000 has any dispute as to
WP(C).No.17930/2015 AND CONNECTED CASES -: 25 :-
whether such land is an ecologically fragile land or not, may file an application before the Principal Chief Conservator of Forests for the settlement of such dispute:
Provided that no dispute in respect of any land which was already been decided by the Tribunal under section 10 shall be re-opened under sub-section (1).”
- 9.Section 10A(6) provides for return of possession of such land or portion thereof to the owner on a decision being rendered under sub-section (4) that land owned or portion thereof is not a fragile land.
- 10.Sub-section (7) of Section 10A provides as follows:-
(7) No application for settlement of dispute under this section shall be filed after the expiry of six months, as the case may be, from the date of publication of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Amendment Act, 2009 or from the date of notification declaring such land as ecologically fragile land under Section 3.”
- 11.Having considered the contentions advanced, I notice that Section 10A is a new right granted to small holders to raise a dispute that the property covered by any notification is not Ecologically Fragile Land. The intention of introduction of provision is apparently to give small holders of properties a speedier remedy than the one available under Section 10. The
WP(C).No.17930/2015 AND CONNECTED CASES
-: 26 :-
said remedy is available to small holders as on the appointed day, that is, 20.6.2000. In the instant cases, the petitioners are subsequent purchasers of property. However, in many of the cases, the purchases are from owners of land, who themselves were small owners as on the appointed day. If that be so, the contention of the respondents to the effect that the petitioners themselves have to be in possession of the property on the appointed day to avail the benefit under Section 10A cannot be accepted. A Division Bench of this Court has considered the issue under the Private Forests (Vesting and Assignment) Act, 1971 and held that the subsequent purchaser of the property, who steps into the shoes of the original owner are entitled to claim the reliefs that the original owner would have been entitled to under that Act. In the above view of the matter, in those cases where the petitioners had purchased property having an extent of 2 Hectares or less from holders of property who themselves had only that extent of land as on the appointed day, the petitioners would be entitled to claim that their applications under Section 10A are liable to be considered.
12.The further question which arises for consideration is with
WP(C).No.17930/2015 AND CONNECTED CASES
-: 27 :-
regard to whether small holders are liable to make the applications within six months from the date of the notification. In the instant cases, it is the specific case of the petitioners that they were unaware of the notification and that they had preferred their applications within six months from the date on which they received the individual notices under Section 3(2). In the facts and circumstances of the cases and taking note of the fact that Section 10A provides a remedy in favour of small holders and since Section 3(2) is couched in mandatory terms, I am of the opinion that the contention that the applications have to be filed within six months from the date of notification cannot be accepted. The petitioners having filed the applications within six months from the date on which the individual notices were served on them, would be entitled to the consideration of the dispute raised by them under Section 10A.
13. In the above view of the matter, W.P.(C).Nos.17930, 16869, 9366, 17533, 17536, 18110, 14633, 14627, 14611, 14254, 13992, 14733, 14734 of 2015 and 34701 of 2010 are allowed. The impugned orders are set aside. There will be a direction to the respondents to consider the applications preferred by
WP(C).No.17930/2015 AND CONNECTED CASES
-: 28 :-
the petitioners under Section 10A of the EFL Act. The petitioners shall produce the documents on the basis of which they claim title before the appropriate authority. Status quo, as on today, with regard to the lands in question will be maintained for a period of three months to enable the custodian to take an appropriate decision with regard to the interim arrangement to be maintained till the dispute is appropriately resolved.
## 14. W.P.(C).Nos. 17532 and 14630 of 2015
The extent of land involved in these writ petitions are admittedly more than 2 hectares. In the above view of the matter, the rejection of the applications under Section 10A is justified. The petitioners will be free to move the EFL Tribunal under Section 10 in accordance with law. To enable the petitioners to approach the Tribunal, status quo, as on today, shall be maintained for three months.
**Sd/-**
**Anu Sivaraman, Judge**
sj
WP(C).No.17930/2015 AND CONNECTED CASES
-: 29 :-
## **APPENDIX OF WP(C) 17930/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.961 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE. EXHIBIT P2 TRUE COPY OF DOCUMENT NO.438 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 20.11.14 ISSUED FROM THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD UNDER SECTIONS 3(2) OF THE EFL ACT. EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF NOTIFICATION NO.EFL-10-311-2013 DATED 26.10.13. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 18.2.15 BEARING NO.EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER AND TYPED COPY OF EXT.P5. EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED 12.5.2015 IN WPC No.14254/2015. EXHIBIT P6 PHOTOGRAPHS SHOWING THE EMPLOYEES OF THE FOREST DEPARTMENT ENGAGED IN PUTTING UP OF JANDA.**
**APPENDIX OF WP(C) 34701/2010**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 30 :-
## **PETITIONER'S EXHIBITS:**
|**EXHIBIT P1**|**TRUE COPY OF THE JUDGMENT DATED 26.2.1997 IN**|
|---|---|
||**M.F.A.No.292/1987 OF THE HONOURABLE HIGH COURT**|
||**OF KERALA.**|
|**EXHIBIT P2**|**TRUE COPY OF THE REGISTERED ASSIGNMENT DEED**|
||**DATED 17.4.2006 REGISTERED AS DOCUMENT**|
||**No.1700/2006 OF THE KADAMBAZHIPURAM SUB**|
||**REGISTRY OFFICE.**|
|**EXHIBIT P3**|**TRUE COPY OF THE APPLICATION DATED 6.2.2010**|
||**SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P3(a) **|**TRUE COPY OF THE COVERING LETTER DATED**|
||**6.2.2010 SUBMITTED BY THE 1ST PETITIONER**|
||**BEFORE THE 1ST RESPONDENT ALONG WITH EXT.P3.**|
|**EXHIBIT P4**|**TRUE COPY OF THE COMMUNICATION DATED 1.3.2010**|
||**No.E.F.L.6-637/2010 OF THE 1ST RESPONDENT SENT**|
||**TO THE 1ST PETITIONER.**|
|**EXHIBIT P5**|**TRUE COPY OF THE APPLICATION DATED 12.4.2010**|
||**SUBMITTED BY PETITIONERS 2 TO 5 BEFORE THE 1ST**|
||**RESPONDENT.**|
|**EXHIBIT P5(a)**|**TRUE COPY OF THE COVERING LETTER DATED**|
||**12.4.2010 SUBMITTED BY PETITIONERS 2 TO 5**|
||**BEFORE THE 1ST RESPONDENT ALONG WITH EXT.P5.**|
|**EXHIBIT P6**|**TRUE COPY OF THE COMMUNICATION DATED 10.8.2010**|
||**No.E.F.L.6-637/2010 OF THE 1ST RESPONDENT SENT**|
||**TO PETITIONERS 2 TO 5.**|
WP(C).No.17930/2015 AND CONNECTED CASES -: 31 :-
## **APPENDIX OF WP(C) 9366/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NUMBER 885/2008 OF SRO VYTHIRI.**
- **EXHIBIT P2 TRUE COPY OF THE REGISTERED SALE DEED NUMBER 886/2008 OF SRO VYTHIRI.**
- **EXHIBIT P3 THE PHOTOS SHOWING THE LIE AND NATURE OF THE PROPERTIES OF THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 21.08.2014 FOR PAYMENT OF THE BUILDING TAX BY THE PETITIONER FOR THE YEAR 2014.**
- **EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 21.04.2014 ISSUED FROM THE KERALA FARMERS WELFARE FUND BOARD, THRISSUR FOR EFFECTING THE PAYMENT OF THE WELFARE FUND CONTRIBUTION.**
**EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 20.11.2014 UNDER SECTION 10(A) OF THE ACT 21/2005**
**EXHIBIT P7 TRUE COPY OF THE GAZETTE NO.48 DATED 03.12.2013.**
- **EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 09.01.2015 SUBMITTED BY THE PETITIONER UNDER SECTION 10(A)OF THE ACT 21/2005 BEFORE THE SECOND RESPONDENT.**
- **EXHIBIT P9 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT P8.**
- **EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 18.02.2015.**
- **EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 20.08.2014 IN WPC.NO.18620/14 ON THE FILE OF THIS HONOURBALE COURT.**
- **EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 21-07-14 IN W.P.(C)No.18620/14 ON THE FILE OF THIS HONOURABLE COURT.**
WP(C).No.17930/2015 AND CONNECTED CASES -: 32 :-
## **APPENDIX OF WP(C) 13992/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE NOTICE NO B 3967/00 DATED 2011-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN FORM NO 1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 6- 1-2015 SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO EFL-13-1368/ 15 DATED 18-2-2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE SALE DEED NO 887/2008 OF VYTHIRI SUB REGISTRAR OFFICE DATED 12-6-2008 IN RESPECT OF THE PROPERTY OF THE PETITIONER IN RS. NO 411/PT. OF CHUNDALE VILLAGE.**
- **EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25-06-2014 ISSUED BY THE VILLAGE OFFICER, CHUNDALE IN RESPECT OF THE PROPERTY OF THE PETITIONER IN RS.NO 411/PT OF CHUNDALE VILLAGE.**
- **EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 30-03-2015 IN WP(C) NO 9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 33 :-
## **APPENDIX OF WP(C) 14254/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE NOTICE NO B 3967/00 DATED 2011-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN FORM NO 1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 8-1-2015 SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO EFL-13-1368/ 15 DATED 24-2-2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 29-4-2014 IN RESPECT OF THANDAPER No 452 ISSUED BY THE VILLAGE OFFICER, CHUNDEL IN FAVOUR OF THE PETITIONER.**
**EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 30.3.2015 IN WP(C)No.9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES -: 34 :-
## **APPENDIX OF WP(C) 14611/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE NOTICE NO B 3967/00 DATED 2011-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN FORM NO 1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 8- 1-2015 IN FORM A SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO EFL-13-1368/ 15 DATED 24-2-2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 29-4-2014 IN RESPECT OF THANDAPER No 452 ISSUED BY THE VILLAGE OFFICER, CHUNDEL IN FAVOUR OF THE PETITIONER.**
- **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 30-03-2015 IN WP(C) NO 9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
- **EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 12-5-2015 IN WP(C)No.14254/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES -: 35 :-
## **APPENDIX OF WP(C) 14627/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE NOTICE NO.B 3967/00 DATED 20.11.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS IN FORM NO.1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003. EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 08.01.2015 IN FORM A SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA STATE FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.EFL 131368/2015 DATED 24.02.2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONERS EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 29.04.2014 IN RESPECT OF THANDAPER NO.452 ISSUED BY THE VILLAGE OFFICE, CHUNDEL IN FAVOUR OF THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE RECEIPT NO.47819 OF AMOUNT PAID TOWARDS THE AGRICULTURAL WORKERS WELFARE FUND BOARD, THRISSUR. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 30.03.2015 IN WPC.NO.9366/2015 PASSED BY THE HONOURABLE HIGH COURT OF KERALA. EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 12.05.2015 IN WPC.NO.14254/2015 PASSED BY THE HOOURBALE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 36 :-
## **APPENDIX OF WP(C) 14630/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE NOTICE NO.B 3967/00 DATED 20.11.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS IN FORM NO.1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
**EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 01.01.2015 IN FORM A SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT UNDER SECTION 10 A OF THE KERALA STATE FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.EFL 131368/2015 DATED 24.02.2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONERS.**
- **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 07.07.2014 IN RESPECT OF THANDAPER NO.456 ISSUED BY THE VILLAGE OFFICE, CHUNDALE IN FAVOUR OF THE PETITIONERS.**
- **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTHIRI TO THE PETITIONERS.**
- **EXHIBIT P6 TRUE COPY OF THE RECEIPT NO.8893542 ISSUED FROM VILLAGE OFFICE, CHUNDALE ACKNOWLEDGING RECEIPT OF AMOUNT PAID TOWARDS PLANTATION TAX FROM THE PETITIONERS.**
- **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 30.03.2015 IN WPC.NOL.9366/2015 PASSED BY THE HONOURABLE HIGH COURT OF KERALA.**
- **EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 12.05.2015 IN WPC.NO.14254/2015 PASSED BY THE HOOURBALE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 37 :-
## **APPENDIX OF WP(C) 14633/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE NOTICE NO. B 3967/00 DATED 20.11.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS IN FORM NO.1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
**EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DATED 20-1-2015 IN FORM A SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS**
**EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO. EFL-131368/15 DATED 24.2.2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONERS**
**EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 17/10/2014 IN RESPECT OF THANDAPER NO.456 ISSUED BY THE VILLAGE OFFICER, CHUNDALE IN FAVOUR OF THE PETITIONERS.**
**EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTHIRI TO THE PETITIONERS.**
- **EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 30.3.2015 IN WPC.NO.9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
**EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 12.5.2015 IN WPC.NO.14254/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 38 :-
## **APPENDIX OF WP(C) 14733/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE NOTICE NO. B 3967/00 DATED 20/11/2014 ISSUED BY THE 2ND RESPONDENT IN FORM NO. 1 UNDER SECTION 3 (2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICLALY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICLALY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 02/03/2015 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 27/09/2013 IN RESPECT OF THANDPER NO. 451 ISSUED BY THE VILLAGE OFFICER, CHUNDALE IN FAVOUR OF THE PETITIONER.**
- **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 30/03/2015 IN W.P(C) 9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
**EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 12/05/2015 IN W.P(C) 14254/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 39 :-
## **APPENDIX OF WP(C) 14734/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE NOTICE NO. B 3967/2000 DT. 20.11.14 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN FORM NO.1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P2 TRUE COPY OF THE STATUTORY APPLICATION DT. 30.1.15 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DT. 02.3.15 ISSUED BY THE CUSTODIAN (EFL) TO THE PETITIONER.**
- **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DT. 27.9.14 IN RESPECT OF THANDAPER NO. 451 ISSUED BY THE VILLAGE OFFICER, CHUNDALE IN FAVOUR OF THE PETITIONER.**
- **EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DT. 30.3.15 IN WPC NO.9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
- **EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DT. 12.5.15 IN WPC NO.14254/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 40 :-
## **APPENDIX OF WP(C) 16869/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF PER DOCUMENT NO.194/2012 OF VYTHIRI SUB REGISTRAR OFFICE**
**EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20/11/2014 FROM THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD UNDER SECTIONS 3(2) OF THE EFL ACT**
**EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.EFL-10-3112013 DATED 26/10/2013.**
**EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 18/2/2015 BEARING NO.EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER**
**EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED 12/5/2015 IN WPC NO.14254/2015.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 41 :-
## **APPENDIX OF WP(C) 17532/2015**
## **PETITIONER'S EXHIBITS:**
- **EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.450 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE.**
- **EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.11.2014 FROM THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD UNDER SECTION 3(2) OF THE EFL ACT.**
**EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.EFL-10-3112013 DATED 26.10.2013.**
- **EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 18.02.15 BEARING NO.EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.**
**EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED 12.05.2015 IN WP[C]NO.14254/2015.**
**EXHIBIT P6 TRUE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE ROAD.**
**EXHIBIT P7 TRUE COPY OF PLAN OF THE ENTIRE FIELD FALLS UNDER RE.SY.No.410/pt.**
**EXHIBIT P8 TRUE COPY OF SEPARATE PLAN OF THE PETITIONERS' PROPERTY WHICH SITUATE IN RE.SY.No.410/pt.**
WP(C).No.17930/2015 AND CONNECTED CASES -: 42 :-
## **APPENDIX OF WP(C) 17533/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF PER DOCUMENT NO.193 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.11.2014 ISSUED FROM THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD UNDER SECTIONS 3(2) OF THE EFL ACT. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.EFL-10-3112013 DATED 26.10.2013. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 18.02.15 BEARING NO.EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED 12.05.2015 IN WP[C]NO.14254/2015.**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 43 :-
## **APPENDIX OF WP(C) 17536/2015**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.451 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE. EXHIBIT P2 TRUE COPY OF DOCUMENT NO.224 OF 2012 OF VYTHIRI SUB REGISTRAR OFFICE. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 20-11-2014 ISSUED FROM THE DIVISIONAL FOREST OFFICER, WOUTH WAYANAD, UNDER SECTION 3(2) OF THE EFL ACT. EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.EFL-10-3112013 DATED 26-10-2013. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 18-2-2015 BEARING NO.EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED 12-5-2015 IN WPC.NO.14254/2015**
WP(C).No.17930/2015 AND CONNECTED CASES
-: 44 :-
## **APPENDIX OF WP(C) 18110/2015**
**PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.439/2012 OF VYTHIRI SUN REGISTRAR OFFICE.**
**EXHIBIT P2 TRUE COPY OF DOCUMENT NO. 440/2012 OF VYTHIRI SUB REGISTRAR OFFICE.**
**EXHIBIT P3 TRUE COPY OF THE NOTICE DT. 20.11.14 ISSUED FROM THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD UNDER SECTIONS 3(2) OF THE EFL ACT.**
**EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO. EFL-10-3112013 DT. 26.10.13.**
**EXHIBIT P5 TRUE COPY OF THE NOTICE DT. 18.2.15 BEARING NO. EFL 13-1368/15 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.**
**EXHIBIT P6 TRUE COPY OF INTERIM ORDER DT. 12.5.15 IN WPC NO. 14254/2015.**
//TRUE COPY//
P.S. TO JUDGE