Shajir Arafath Karat vs State Of Kerala
2021 Latest Caselaw 18919 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                  WP(C) NO. 12757 OF 2021
PETITIONER:

          SHAJIR ARAFATH KARAT
          AGED 44 YEARS
          S/O. HAMSA K.,
          BILATHIKULAM COLONY ROAD,
          ERANHIPALAM P.O.,
          KOZHIKODE-673006.
          BY ADVS.
          SHYAM PADMAN
          C.M.ANDREWS
          LAYA MARY JOSEPH
          HARISH ABRAHAM
          BOBY M.SEKHAR


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF FOREST AND WILDLIFE,
          SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     DIVISIONAL FOREST OFFICER,
          SOUTH WAYANAD DIVISION,
          KALPETTA,
          WAYANAD-673121.
    3     THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND
          THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
          FOREST HEADQUARTERS,
                                 2
WP(C) NO. 12757 OF 2021


         VAZHUTHACAUD,
         TRIVANDRUM-695014.
         BY ADV.
         SRI.T.R.RAVI, SPL.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
                                      3
WP(C) NO. 12757 OF 2021




                   W.P.(C) No.12757 of 2021
             -----------------------------------------------

                          JUDGMENT

This writ petition is instituted seeking various reliefs

on the strength of Ext.P7 order of the Forest Tribunal.

2. When this matter was taken up, the learned

counsel for the petitioner pointed out that an appeal has

already been preferred against Ext.P7 order, as M.F.A.No.99 of

2021.

In the circumstances, the writ petition is dismissed

without prejudice to the right of the petitioner to approach this

court for the relief claimed in the writ petition after the

disposal of M.F.A. No.99 of 2021, if so advised.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

WP(C) NO. 12757 OF 2021

APPENDIX OF WP(C) 12757/2021

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.997/09 OF VYTHIRI SRO.

Exhibit P2 TRUE COPY OF THE ORDER DATED 6.1.1976 PASSED BY THE FOREST TRIBUNAL, CALICUT IN O.A.NO.244/1974.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 27.9.1979 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN M.F.A.NO.241/1978. Exhibit P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE FOR THE SALE OF 17.75 ACRES DATED 9.7.2009 ISSUED BY THE DIVISIONAL FOREST OFFICER.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 14.11.2018 REGARDING GAZETTE NOTIFICATION OF THE PROPERTY AS EFL ON 14.8.2018.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2018 IN W.A.NO.2098/2018 PASSED BY THE HON'BLE HIGH COURT OF KERALA. Exhibit P7 TRUE COPY OF THE ORDER DATED 1.6.2020 PASSED BY THE TRIBUNAL FOR EFL CASES, KOZHIKODE IN O.A.NO.18/2018. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 24.2.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT LETTER DATED 24.2.2021 ISSUED BY THE 3RD RESPONDENT'S OFFICE.

Exhibit P10 TRUE COPY OF THE FIR IN CRIME NO.51/2021 OF VYTHIRI POLICE STATION DATED 16.2.2021.