Disposed

Alrm Nagappan v. the Government of Karnataka

Karnataka HC14 Aug 2024WP/13954/2024

Case brief

AI extract

What is this about?

Petitioners sought a direction to forest and district authorities to process their application for felling permission on their redeemed Sagu Bane and Paradeena lands. The court directed the Deputy Commissioner to furnish land details to the Deputy Conservator of Forest, who was to pass appropriate orders on the application within a fixed time; time later extended.

What the court decided

AI extract

Alrm Nagappan Vs the Government of Karnataka — Landlord and Tenant | Karnataka HC (2024)

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1 - NC: 2024:KHC:32831 WP No. 13954 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 13954 OF 2024 (GM-FOR)

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BETWEEN:

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ALRM NAGAPPAN AGED ABOUT 65 YEARS, R/AT KARRIE KOLLIE ESTATE, ATHUR NALLUR VILLAGE, SUNTIKOPPA POST, SOMAWARAPET TALUK, KODAGU DISTRICT.

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REPRESENTED BY G.P.A HOLDER, SRI M A POONACHA.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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RAMANATHAN NAGAPPAN S/O ALRM NAGAPPAN, AGED ABOUT 38 YEARS, R/AT KARRIE KOLLIE ESTATE, ATHUR NALLUR VILLAGE, SUNTIKOPPA POST, SOMAWARAPET TALUK, KODAGU DISTRICT, REPRESENTED BY G.P.A HOLDER, SRI M.A. POONACHA.

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UMA NAGAPPAN W/O ALRM NAGAPPAN, AGED ABOUT 61 YEARS, R/AT KARRIE KOLLIE ESTATE, ATHUR NALLUR VILLAGE, SUNTIKOPPA POST, SOMAWARAPET TALUK, KODAGU DISTRICT, REPRESENTED BY G.P.A HOLDER, SRI M.A. POONACHA.

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2 - NC: 2024:KHC:32831 WP No. 13954 of 2024

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M A POONACHA S/O LATE APPACHA, AGED ABOUT 70 YEARS, R/AT HAWANJALI, COLLEGE ROAD, MADIKERI, KODAGU DISTRICT-571 201.

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…PETITIONERS

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(BY SRI. PRABHAKAR M B., ADVOCATE)

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AND:

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THE GOVERNMENT OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001.

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THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING, BENGALURU-560 001, KARNATAKA.

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THE DEPUTY CONSERVATOR OF FOREST OFFICE OF THE DEPUTY CONSERVATOR OF FOREST, MADIKERI DIVISION, MADIKERI, KODAGU DISTRICT, KARNATAKA.

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THE DEPUTY COMMISSIONER KODAGU, OFFICE OF THE DEPUTY COMMISSIONER, MADIKERI-571 207.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS. DIRECTION. DIRECTING THE 3RD AND 4TH RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANNEXURE-A DTD 07.09.2021 AND ACCORD FELLING PERMISSION TO THE PETITION ON HIS REDEEMED SAGU BANE LANDS AND PARA DEENA LANDS O THE BASIS OF THE REVENUES JAMABANDI RECORDS AND AS PER THE ORIGINAL GRANT ORDERS AND TITLE DEED OF 1877 IN ACCORDANCE WITH LAW.

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3 - NC: 2024:KHC:32831 WP No. 13954 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners assert that they are the owners, holders, and occupants in possession of properties bearing Sy. Nos. 114/1, 114/2, 114/3, 114/7, 114/8, 114/9, 115, 116, 117/1, 73/1, 74, 75, 76, 77, and 78 of Horror Village, Somawarapet Taluk, Kodagu District, measuring 113.69 acres; and Sy. Nos. 53/2, 53/13 of Athur Nallur Village, Somawarapet Taluk, Kodagu District, measuring 23.61 acres; and Sy. Nos. 45, 45A, 46, 47, 48, and 53/14 of Athur Nallur Village, Somawarapet Taluk, Kodagu District, measuring 23.94 acres.

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The petitioners submitted an application to the 3rd and 4th respondents for permission to fell trees on the subject lands, which are classified as Sagu Bane and Para Dena lands. The petitioners' grievance is that although they are entitled to fell trees on the subject lands, the 3rd and 4th respondents have not taken any steps to process the petitioners' application.

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The learned Additional Government Advocate for the respondents has filed a memo, stating that a communication has been issued to the 4th respondent seeking information regarding the nature of the lands. The petitioners' application will be considered once the information from the 4th respondent is received.

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NC: 2024:KHC:32831 WP No. 13954 of 2024

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4. The memo is placed on record.

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Therefore, it is expedient to dispose of the petition by directing the 4th respondent to furnish the details regarding the nature of the lands, as sought by the 3rd respondent in the communication dated 02-02/03-2023, within three weeks from the date of receipt of a certified copy of this order. Upon receipt of the information from the 4th respondent, the 3rd respondent is directed to pass an appropriate order on the petitioners' application dated 24.02.2023, annexed as Annexure-A, and to issue appropriate orders in accordance with the law within six weeks thereafter.

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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NC: 2024:KHC:32831 WP No. 13954 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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[ALRM NAGAPPAN AND OTHERS VS. THE GOVERNMENT OF KARNATAKA AND OTHERS]

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25.11.2024 (VIDEO CONFERENCING / PHYSICAL HEARING)

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER ON BEING SPOKEN TO

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Learned counsel for the petitioners has filed an application I.A.No.1/2024 for being spoken to, requesting for modification of the order dated 14.08.2024.

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In page No.2 of the order dated 14.08.2024, passed in WP.No.13954/2024, (1) in paragraph No.2, the subject lands are wrongly mentioned as 'Sagu Bane and Para Dena lands' instead of 'Redeemed Sagu Bane and Paradeena'. (2) In paragraph No.5, the application date is mentioned as '24.02.2023' instead of '07.09.2021'.

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The mistake is apparent on the face of the record and therefore, office is directed to correct the same as (1) 'Redeemed Sagu Bane and Paradeena' and (2) '07.09.2021'.

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In continuation to paragraph No.5, "The time granted to respondent No.4 to furnish the details regarding nature of land as sought by respondent No.3 is extended by a period of three weeks from the date of receipt of copy of this Order and the time granted to respondent No.3 to pass an appropriate order on the petitioners

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NC: 2024:KHC:32831 WP No. 13954 of 2024

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application dated 07.09.2021 is extended by a period of three weeks from thereafter.

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In view of the above, I.A.No.1/2024 is allowed.

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This order shall be read in Conjunction with the order dated 14.08.2024 passed in W.P.No.13954/2024.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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List No.: 1 Sl No.: 39

Alrm Nagappan v. the Government of Karnataka

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Alrm Nagappan v. the Government of Karnataka

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