Citation : 2021 Latest Caselaw 18166 Ker
Judgement Date : 3 September, 2021
WP(C) No.17885/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
WP(C) NO. 17885 OF 2021(I)
PETITIONER:
O.R.VELAYUDHANKUTTY AGED 72 YEARS S/O. RAMANKUTTY, CHERUKARAPARAMBIL
HOUSE, NOCHIPPULLY P.O., MUNDOOR, PALAKKAD, PIN-678 592.
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST
AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695
001.
2. THE CHIEF CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FOREST
EASTERN CIRCLE, ARANYABHAVAN COMPLEX, OLAVAKODE, PALAKKAD-678 002.
3. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DFO, PALAKKAD DIVISION,
KALLEKULANGARA, PALAKKAD-678004.
4. THE RANGE FOREST OFFICER, O/O. THE FOREST RANGE OFFICER, MUNDOOR,
PALAKKAD-678 592.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing the respondents from
constructing cairns, destroying the rubber trees and from obstructing in
any manner including the tapping of rubber in the property covered by
Exhibit P1 pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. M.C.JOHN Advocates for the petitioners the court passed the
following:
WP(C) No.17885/2021 2/3
P.B.SURESH KUMAR, J
-----------------------------------------------
W.P.(C) No.17885 of 2021
-----------------------------------------------
Dated this the 3rd day of September, 2021
ORDER
Government Pleader is directed to get instructions in the
matter.
Post after three weeks.
If Ext.P6 judgment has become final, the property of the
petitioner referred to in the writ petition shall not be enclosed
without obtaining orders from this Court.
Sd/-
P.B. SURESH KUMAR,
JUDGE
YKB
03-09-2021 /True Copy/ Assistant Registrar
WP(C) No.17885/2021 3/3
APPENDIX OF WP(C) 17885/2021 Exhibit P1 TRUE COPY OF THE SALE DEED NO.1368/82 DDATED 3.6.1982 SRO, PARLI IN THE NAME OF PETITIONER. Exhibit P6 TRUE COPY OF JUDGEMENT DATED 7.2.1997 IN MFA NO.455/87 OF THIS HON'BLE COURT
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