Kerala High Court
Chief Secretary vs Purakkadi ... on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
IA.NO.2/2019 IN MFA NO. 81 OF 2019
OA 194/1981 OF FOREST TRIBUNAL, KOZHIKODE
APPLICANTS/APPELLANTS/RESPONDENTS 1 TO 3:
1. CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM
2. CUSTODIAN & SPECIAL SECRETARY, VESTED FORESTS THIRUVANANTHAPURAM
3. THE DIVISIONAL FOREST OFFICER (SPL.), KOZHIKODE
RESPONDENTS/APPLICANT & SUPPL. RESPONDENTS 4 & 5:
1. PURAKKADI DEVASWOM BY ITS MANAGER R.N KUPPATHODE (CORRECTED)
SADANANDAN K.C. EXECUTIVE OFFICER/MANAGER, PURAKKADI DEVASWAM,
MEENANGADI(P.O.), WAYANAD DISTRICT, PIN-673 591.
2. K. BHASKARAN, GENERAL SECRETARY, PALLIKKAMALA DEVIKSHETRA SAMITHI,
NJARAKKATIL HOUSE, P.O MYLAMPADY, WAYANAD DISTRICT 673 591
3. THE COMMISSIONER, MALABAR DEVASWOM BOARD HAVING OFFICE AT CIVIL
STATION, KOZHIKODE 673 020 (CORRECTED) THE COMMISSIONER, MALABAR
DEVASWAM BOARD, HOUSFED COMPLEX, ERANHIPPALAM(P.O.), KOZHIKODE,
PIN-673 006.*THE ADDRESS OF THE RESPONDENT 1 AND 3 ARE CORRECTED AS
PER ORDER DATED 10/07/2020 VIDE IA 1/2020
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and implementation of the order dated 27/06/2018 in OA No.194/1981 of the
Forest Tribunal, Kozhikode, during the pendency of the above appeal, to
secure the ends of justice.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.NAGARAJ NARAYANAN, SPL. Government Pleader (FOREST) for the
applicants, and of M/S.P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE,
B.ANUSREE and MANU VYASAN PETER Advocates for the respondent No 1, the
court passed the following:
P.T.O.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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M.F.A.Nos 81 of 2019 & 57 of 2020
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Dated this the 2nd day of November, 2021
ORDER
Anil K. Narendran, J.
M.F.A.No.81 of 2019
Admit.
Adv.Sri.P.B.Krishnan, learned counsel takes notice for
the 1st respondent. The learned Standing Counsel for Malabar
Devaswom Board takes notice for the 3 rd respondent.
Adv.Smt.Sheela Devi takes notice for the 2nd respondent.
I.A.No.2 of 2019
The learned counsel for the 1st respondent would point
out that as per the direction contained in the judgment of this
Court dated 13.03.2008 in O.P.No.1771 of 2001, both sides
were directed to maintain status quo during the pendency of
O.A.No.194 of 1981 before the Forest Tribunal, Kozhikode.
Both sides shall maintain status quo in terms of that
judgment, during the pendency of this appeal.
Call for L.C.R.
M.F.A.Nos 81 of 2019 & 57 of 2020
M.F.A.No.57 of 2020
Admit.
The learned Special Government Pleader takes notice for
respondents 1 to 3. The learned Standing Counsel for Malabar
Devaswom Board takes notice for the 5th respondent.
Adv.Smt.Sheela Devi takes notice for the 4th respondent.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
02-11-2021 /True Copy/ Assistant Registrar
