Gopalan vs The State Of Kerala
2022 Latest Caselaw 1772 Ker

WP(C) No.2967/2022                               1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                             THE HONOURABLE MR.JUSTICE N.NAGARESH
            Wednesday, the 16th day of February 2022 / 27th Magha, 1943
                             WP(C) NO. 2967 OF 2022(U)
   PETITIONER:

           GOPALAN, AGED 66 YEARS, S/O.VELAYUDHAN, ARANGOTTUKULAMBU, KOTTEKKAD
           POST, PALAKKAD DIST. - 678 732.

   RESPONDENTS:

      1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
         OF FORESTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
      2. THE PRINCIPAL CHIEF FOREST CONSERVATOR OF FORESTS, FOREST
         HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.
      3. THE DIVISIONAL FOREST OFFICER, OLAVAKKODE, ARANYA BHAVAN, PALAKKAD
         DISTRICT - 678 009.


        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 stay all proceedings to utilise the properties covered in
   exhibits P1 to P5 for any purpose including distribution among other
   people, pending disposal of this 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
   M/S.SAJAN VARGHEESE K, LIJU. M.P & JOPHY POTHEN KANDANKARY, Advocates for
   the petitioner, the court passed the following:

                                             ORDER

Learned Government Pleader to file a statement, within one week.

The learned Government Pleader submits that respondents are not inducting any third party in the property of the petitioner, for the time being.

Post on 18.02.2022.

16.02.2022.

                                                       Sd/- N.NAGARESH, JUDGE




16-02-2022                         /True Copy/                           Assistant Registrar
 WP(C) No.2967/2022                 2/2

                      APPENDIX OF WP(C) 2967/2022
Exhibit P1           TRUE COPY OF THE JUDGMENT DATED 06/06/1991 PASSED IN

MFA NO.430/1986 ON THE FILE OF THIS HONOURABLE COURT. Exhibit P2 TRUE TYPED COPY OF EXHIBIT P1. Exhibit P3 TRUE COPY OF THE APPLICATION DATED 21/12/2009 SUBMITTED IN TERMS OF SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICAL FRAGILE LANDS) ACT, 2003. Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 10/04/2017 PASSED IN WP(C) NO.9917/2017 ON THE FILE OF THIS HONOURABLE COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 02/07/2021 PASSED IN IA NO.1/2021 IN WP(C) NO.9917/2017 ON THE FILE OF THIS HONOURABLE COURT.