Kerala High Court
Varkey Chakkalayil vs State Of Kerala on 30 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.7661/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 7661 OF 2024
PETITIONERS:
1 VARKEY CHAKKALAYIL
AGED 73 YEARS
S/O. MATHAI, CHAKKALAYIL HOUSE, KODENCHERY P.O.,
KOZHIKODE DISTRICT., PIN - 673504
2 JESSY DOMINIC
AGED 63 YEARS
W/O. LATE DOMINIC THEKKEKKARA, THEKKEKKARA HOUSE,
PUTHUPPADI P.O., THAMARASSERY - VIA, KOZHIKODE
DISTRICT., PIN - 673586
3 ROSAKUTTY GEORGE
AGED 65 YEARS
W/O. LATE GEORGE K.V., KAREKUDIYIL HOUSE, DOOR
NO.76, MACHIKOLLY P.O., KANCHIKOLLY, NEELGIRI,
TAMIL NADU., PIN - 643212
BY ADVS. BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF FOREST & WILDLIFE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM., PIN - 695014
W.P.(C).No.7661/2024
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3 DIVISIONAL FOREST OFFICER
CIVIL STATION, KOZHIKODE., PIN - 673020
4 RANGE FOREST OFFICER
THAMARASSERY, THAMARASSERY P.O., KOZHIKODE
DISTRICT., PIN - 673573
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
1ST FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR., PIN - 695033
SRI. T.P. SAJAN, SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLYL HEARD
ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.7661/2024
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JUDGMENT
In view of the judgment passed in Con.Case
(C).No.522/2024, the prayer in this writ petition has become
infructuous. Accordingly, this writ petition is closed with liberty
to the petitioners to challenge the order dated 1.10.2024
produced in the contempt case, if they so desire.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:80762
APPENDIX OF WP(C) 7661/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE SATELLITE MAPPING
OF THE PROPERTIES OF THE 1ST PETITIONER
AS WELL AS THE HUSBANDS OF THE 2ND AND
3RD PETITIONERS AS ON 23.2.2006.
Exhibit P2 TRUE COPY OF THE REPORT DATED 22.5.2006
SUBMITTED BY THE ADVOCATE COMMISSION
APPOINTED BY THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 20.2.2013 IN W.P.(C)
NO.12214/2006.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 19.11.2018 IN MFA
NO.106/2014.
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 2.2.2021 IN W.P.(C)
NO.42528/2018.
Exhibit P6 TRUE COPY OF THE ORDER NO.E.F.L1-
111/2022 DATED 3.2.2022 ISSUED BY THE
2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE DE-NOTIFICATION
NO.EFL1-111/2022 DATED 3.2.2022
PUBLISHED BY THE 2ND RESPONDENT ALONG
WITH THE EXPLANATORY NOTE, WITH ITS TRUE
TYPED COPY.
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 1.6.2022 IN CONT.
CASE (C) NO.1207/2021.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
5.9.2022 SUBMITTED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 6.2.2023 IN W.P.(C)
NO.33228/2022.
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Exhibit P11 TRUE COPY OF THE I.A. NO.1/2023 IN W.P.
(C) NO.33228/2022 FILED BY THE 1ST
RESPONDENT.
Exhibit P11(a) TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 29.9.2023 IN I.A. NO.1/2023
IN W.P.(C) NO.33228/2022.
Exhibit P12 TRUE COPY OF G.O.(RT) NO.467/2023/F&WLD
DATED 29.12.2023 ISSUED BY THE 1ST
RESPONDENT.
