Chandradas vs State Of Kerala
2024 Latest Caselaw 18995 Ker

Kerala High Court

Chandradas vs State Of Kerala on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                      WP(C) NO. 34614 OF 2018




PETITIONER:

           CHANDRADAS
           AGED 66 YEARS, S/O CHAMU,
           RESIDING AT CHERUKULAM, THENKARA AMSOM,
           MANAKKAD TALUK, PALAKKAD
           BY ADVS.
           SRI.P.R.VENKATESH
           SRI.G.KEERTHIVAS

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY ,
             DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT,
             THIRUVANANTHAPURAM - 655001
     2       CUSTODIAN OF VESTED FORESTS,
             ARANYA BHAVAN,FOREST COMPLEX,
             OLAVAKODE , PALAKKAD
     3       DIVIONSAL FOREST OFFICER,
             MANAKKAD P.O., PALAKKAD DIVISION,
             PALAKKAD DISTRICT
OTHER PRESENT:

           SRI.T.P.SAJAN, SPL.GP(FOREST),
           SRI.SANGEETH.C.U, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.34614/2018

                                     2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.34614 of 2018
             ----------------------------------------------
            Dated this the 28th day of June, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any appropriate writ, order or direction directing the respondents to immediately take necessary action for restoration of the land covered by Ext.P1 order of the Forest Tribunal, Kozhikode in OA No.3/2000 physically and also in the revenue records by issuing No Objection Certificate.

ii. issue such other or further orders as this Hon'ble Court may deem just and fit in the circumstances of the case.

(SIC)

2. The main prayer in this writ petition is for

restoration the land in the light of Ext.P1 order of the Forest

Tribunal, which is confirmed by this Court in Ext.P2 judgment.

Today, it is submitted by the Special Government Pleader

(Forest) that a review petition is filed in Ext.P2 as

R.P.No.1013/2018.

3. If that be the case, I am of the considered opinion

that the petitioner can approach this Court after disposal of

the above review petition.

Granting liberty to the petitioner to approach this Court

after disposal of R.P.No.1013/2018, this writ petition is

disposed of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 34614/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 31.08.2009 IN O.A.NO. 3/2000 OF THE FOREST TRIBUNAL, KOZHIKODE EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 22.1.2016 IN MFA NO. 112/2010 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 27.6.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT