State Of Kerala vs E.Reneesh
2024 Latest Caselaw 29506 Ker

Kerala High Court

State Of Kerala vs E.Reneesh on 17 October, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

                                                                2024:KER:77619
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                    &

               THE HONOURABLE MR. JUSTICE JOHNSON JOHN

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                           RP NO. 402 OF 2024

        AGAINST THE JUDGMENT DATED 12.04.2019 IN MFA (FOREST) NO.73

                     OF 2017 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/APPELLANTS:

    1       STATE OF KERALA
            REPRESENTED BY THE CHEIEF SECRETARY TO GOVERNMENT OF
            KERALA, THIRUVANATHAPURAM G.P.O, PIN - 695001.

    2       CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN
            GOVERNMENT
            (THE PRINCIPAL CHIEF CONSERVATOR OF FOREST)FOREST HEAD
            QUARTERS,THIRUVANATHAPURAM,THYCAUD.PO,, PIN - 695014.


         BY SPL. GOVERNMENT PLEADER (FOREST) SRI.NAGARAJ NARAYANAN


RESPONDENT/RESPONDENT:

            E.RENEESH
            S/O.E.MOIDEEN KOYA, EDATHIL HOUSE, FLORICAN
            HILLROAD,KARAPARAMBA.PO,KOZHIKODE, PIN - 673010.


            BY ADVS.
            B.KRISHNAN
            R.PARTHASARATHY



     THIS   REVIEW    PETITION   HAVING    COME   UP   FOR   ADMISSION    ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    2024:KER:77619

                     SATHISH NINAN &
                   JOHNSON JOHN, JJ.
          = = = = = = = = = = = = = = = = = =
                 R.P. No.402 of 2024 in
             M.F.A. (Forest) No.73 of 2017
          = = = = = = = = = = = = = = = = = =
        Dated this the 17th day of October, 2024

                       O R D E R

Sathish Ninan, J.

The common judgment in MFA (Forest) Nos.68/2017,

69/2017 and 73 of 2017 is sought to be reviewed.

2. The grounds urged for review are challenging the

correctness of the findings entered into by this Court

in its judgment. It is too well settled by the judgments

of the Apex Court that, a review is not to be an appeal

in disguise. No error apparent on the face of the record

could be pointed out by the review petitioner. The

review petition is liable to be dismissed.

3. It is also to be noticed that, as per judgment

dated 12.04.2019, this Court had jointly disposed of the

three M.F.As afore mentioned. The appeals related to

properties which are lying adjacent. The basic title

2024:KER:77619

relating to the property is the same viz. Partition Deed

No.1517/1970. However, there is no challenge against the

judgment in MFA (Forest) Nos.68 of 2017 and 69 of 2017.

We do not find any reason to entertain the review.

The Review Petition fails and is dismissed.

Sd/-

SATHISH NINAN JUDGE

Sd/-

JOHNSON JOHN JUDGE kns/-

//True Copy//

P.S. To Judge 2024:KER:77619

RESPONDENT ANNEXURES

ANNEXURE-R1(b) True copy of the order of this Honourable Court, dated 08-02-2023 in WPC.13562/2022.

ANNEXURE-R1(c) The true copy of affidavit filed in Contempt Case (C) No. 303/2024 by the Chief Conservator of Forests dated 25.03.2024

ANNEXURE-R1(a) The true copy of Judgment dated 10.03.2023 in

PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MATHRUBHUMI DATED 02.08.2022 IS PRODUCED AND MARKED AS ANNEXURE-1

Annexure 11 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 02.08.2022 IS PRODUCED AND MARKED AS ANNEXURE-11

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