JOPU JOHN v. Divisional Forest Officer Nilambur South Division; Kalikavu Range Forest Officer
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V.G. Arun
- Judgment Date
- 2023-04-11
- Court Decision / Holding
- W.P.(C) No.28104 of 2022 disposed of by setting aside Exts. P7 and P11. The first respondent shall take a fresh decision on Ext.P3, specifically referring to Ext.P12, and pass orders at the earliest.
- Final Disposition
- Writ petition disposed of; Exts. P7 and P11 quashed; directions for fresh decision on Ext.P3 after considering Ext.P12
Parties to the Case
Appellants / Petitioners
- JOPU JOHN
Respondents
- Divisional Forest Officer Nilambur South Division, Manalody, Nilambur, Malappuram District
- Range Forest Officer Kalikavu Range, Vandoor, Nilambur South Division, Malappuram District
Legal Representation & Advocates
Counsels for Petitioners
- • R. Rema
- • M.P Madhavankutty Mathew Devassi
- • Ananthakrishnan A. KarthA
- • Remya M. Menon
- • Anoop Sathyan
Counsels for Respondents
- • Shri. Nagaraj Narayanan, SPL. G.P. (FOREST)
Case Synopsis & Summary
JOPU JOHN, holder of 0.6655 hectares in Re-Sy.No.138/4, Block 156, Kerala Estate Village, Malappuram District, sought permission under Form No.1 (Rule 3 of the Kerala Promotion of Tree Growth in Non-forest Area Rules, 2011) to cut 48 trees. Based on Ext.P3, the 2nd respondent prepared Ext.P6, but Ext.P7 communicated that the declaration could be considered only after a Village Officer certificate confirming whether the land is excess land, patta land, lease land, or land reserved to the Government. The petitioner preferred Ext.P8 (appeal) and Ext.P11 subsequently rejected the appeal; the writ petition sought quashing Ext.P11. The petitioner argued Ext.P2 and Ext.P12 certify, respectively, that the property is not purambokku, excess land, or land under Land Assignment Act, and that it does not form part of vested forest, so the declaration under Rule 3 should be granted. The Special Government Pleader contended that the land historically formed part of a large lease to Edward Lionel Kirwan, including extensive forest land, and under the Madras Reservation of Private Forest Act, 1941 and the Kerala Private Forest (Vesting and Assignment) Act, 1971, is private forest vested with the Government; alienation to the petitioner contravenes the MPPF Act. Citing Mohender Singh Gill, the court held that the validity of an order must be judged by the reasons stated therein and cannot be supplemented by fresh reasons. The petition was disposed of by setting aside Exts.P7 and P11 and directing a fresh decision on Ext.P3 after considering Ext.P12, to be issued at the earliest.
Provisions of Law Cited
Legal Doctrines & Maxims
- The validity of an order must be judged by the reasons mentioned in the order, and those reasons cannot be supplemented by fresh reasons in affidavits or otherwise (Mohender Singh Gill v. Chief Election Commissioner, [(1978) 1 SCC 405])
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends Ext.P2 certificate from the Village Officer (Kerala Estate) shows the property is not part of purambokku, not excess land, and not under the Land Assignment Act; Ext.P12 certifies that the land does not form part of vested forest, hence the declaration under Rule 3 should be granted. It is urged that Exts.P7 and P11 contain no valid basis and should be set aside; Ext.P3 should be considered afresh with Ext.P12.
Contentions of Respondents
The land historically formed part of a large lease to Edward Lionel Kirwan (1908-1914). The lease included forest land and, under the Madras Reservation of Private Forest Act, 1941 and Kerala Private Forest (Vesting and Assignment) Act, 1971, is treated as private forest vested with the Government. Alienation to the petitioner contravenes Section 3(1)(a) of the MPPF Act; the 90-year lease has expired, leaving no rights to the petitioner. The orders lack adequate reasons; however the court ultimately directs a fresh decision after considering relevant certificates.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Mohender Singh Gill v. Chief Election Commissioner | [(1978) 1 SCC 405] | Positive | Cited to affirm that the validity of an order must be judged by the reasons stated in the order and cannot be supplemented by fresh reasons. |
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