Kerala High Court
M/S.Sudarsanan Plantation Pvt.Ltd vs State Of Kerala on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 19544 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 19544 OF 2013
PETITIONER/S:
M/S.SUDARSANAN PLANTATION PVT.LTD.
REPRESENTED BY ITS DIRECTOR MURARILAL SONTHALIA,
BIBLE LAND, POUZHUTHANA, WAYANAD
BY ADV SRI.P.V.JYOTHI PRASAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE CHIEF CONSERVATOR FOR FOREST
THIRUVANANTHAPURAM 695 001.
3 THE DIVISIONAL FOREST OFFICER
SOUTH WAYANAD DIVISION, KALPETTA 673 121.
BY ADVS.
SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
GOVERNMENT PLEADER
SRI.SANDESH RAJA.K. SPL. G.P. FOREST
OTHER PRESENT:
SRI.T.P.SAJAN, SPL.GP(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19544 OF 2013 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 19544 of 2013
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Dated this the 27th day of March, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i) "To call for the records leading up to the vesting of any
portion of the petitioner's property under the Kerala Forest
(Vesting and Management of Ecologically Fragile Land) Act
and quash the same by issuance of a writ of certiorari or other
appropriate writ or direction.
ii) to issue a writ of mandamus directing the respondents to
give an opportunity to the petitioner if they proposes to
proceed under the Kerala Forest (Vesting and Management of
Ecologically Fragile Land) Act, for any portion of the land, as
per section 4 (2) of the Act.
iii) To issue a writ of mandamus directing the respondents to
give the order or any notification if issued against the
petitioner's property under the Kerala Forest (Vesting and
Management of Ecologically Fragile Land) Act
iv) To issue a writ of mandamus directing the respondents to
take possession of the petitioners entire land if the
respondents finds that any portion of the petitioners property
vest under the Kerala Forest (Vesting and Management of
Ecologically Fragile Land) Act only after paying the
compensation as per section 8 of the Act either by negotiation
or as per the law and till such time petitioner may be allowed
to do the agricultural operations.
v) Grant such other and further relief as this Hon'ble Court
may think fit." [sic]
2. The petitioner is challenging EFL notification.
Ext.R3(a) is the notification. If the petitioner has got any
grievance against Ext.R3(a), the petitioner's remedy is to
approach EFL Tribunal under Sec.10 of the EFL Act.
3. Granting liberty to the petitioner to approach the EFL
Tribunal, this writ petition is closed.
If any application is filed, the time during which this writ
petition is pending before this Court will be excluded while
computing the limitation period.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 19544/2013
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
DATED 1`5/2/2013 OF THE PETITIONER TO THE
3RD RESPONDENT
RESPONDENT EXHIBITS
EXT.R3(A) TRUE COPY OF NOTIFICATION NO. C4-21437/00
DATED 04.10.2000 PUBLISHED IN THE GAXETTE NO
43 DATE 31.10.2000 AT SERIAL NO.22
EXT.R3(B) TRUE COPY OF NOTICE ISSUED BY THE 3RD
RESPONDENT TO THE MANAGER OF M/S SUDARSHAN
PLANTATIN PVT. LTD. ON 07.07.2001 AND
ACKNOWLEDGMENT RECEIVED
