George vs State Of Kerala
2021 Latest Caselaw 10144 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.3965 OF 2021(U)


PETITIONER:

               GEORGE
               AGED 64 YEARS
               S/O. VARKEY, KARAYAKUDIYIL HOUSE, KODENCHERRY,
               KOZHIKODE DISTRICT.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.M.G.SREEJITH
               SMT.K.S.ARCHANA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
               DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001

      2        THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS,
               FOREST HEAD QUARTERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM 695 014



               SR.GP.SRI.B.R.MURALEEDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3965 OF 2021(U)

                                       2




                                JUDGMENT

Dated this the 25th day of March 2021

The petitioner seeks restoration of

property covered by Ext.P1 order. The

petitioner is the 2nd petitioner in the

O.A.No.4/2013 in the court of the Tribunal

for EFL cases, Kozhikode. It is stated that

Ext.P1 order has been affirmed by this Court

as well as the Apex Court and in the case of

the other petitioners, this Court has

already directed the respondents in Ext.P4

judgment to hand over possession of the

property covered by the judgment to the

petitioners within a period of four months.

2. The learned Special Government

Pleader points out that a survey has to be

conducted which is a time consuming process.

3. Therefore, there shall be a WP(C).No.3965 OF 2021(U)

direction to the respondents to take steps

for de-notification and for restoration of

the property to the petitioner as

expeditiously as possible, within a period

of four months, as Ext.P4 judgment also

relates to adjoining properties.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.3965 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 30-04-2014 IN O.A NO. 4/2013 OF THE LEARNED COURT OF THE TRIBUNAL FOR EFL CASES, KOZHIKODE

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 19-11-2018 IN MFA NO. 106/2014 OF THIS HON'BLE COURT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 18-12-2018 SUBMITTED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE JIUDGMENT DATED 2-2-2021 OF THIS HON'BLE COURT IN W.P(C) NO. 42528/2018

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 5-2-2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE