Dismissed

State of Kerala and Others v. T.v.Joseph and Others

Kerala HC1 Apr 2008RP/322/2008

Case brief

AI extract

What is this about?

Review petition by State respondents seeking to recall an interim order in W.P. No. 6410/2007. The High Court recalled the earlier order directing machinery entrustment based on pending Section 61A proceedings, as a final order was subsequently passed while this review was pending admission.

What did the court decide?

The previous judgment is recalled as it was based on the erroneous assumption that proceedings under Section 61A were pending.

State of Kerala and Others Vs T.v.Joseph and Others — Environment and Pollution | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930

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R.P.No. 322 of 2008(K)

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--------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.6410/2007 Dated 25/01/2008 .....................................

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REVIEW PETITIONERS/RESPONDENTS 1 TO 3:

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-------------------------------------------------------

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, FOREST & WILDLIFE DEPARTMENT, TRIVANDRUM.

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2. THE DIVISIONAL FOREST OFFICER, PEERUMEDU, IDUKKI DISTRICT.

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3. THE RANGE OFFICER, AZHUTHA FOREST RANGE, IDUKKI.

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BY GOVERNMENT PLEADER

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RESPONDENTS: PETITIONER & 4TH RESPONDENT:

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-----------------------------------------

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1. T.V. JOSEPH, THONNDANKULAM HOUSE, KONGADOORO P.O., AYARKUNNAM, KOTTAYAM.

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2. M.A. ANEESH, S/O.SRI.MANAKKAT ALIYAR, MANAKKAT HOUSE, NADAKKALKARA, ERATTUPETTA, KOTTAYAM.

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BY SPL. GOVT. PLEADER, SRI. RANJITH THAMPAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ANTONY DOMINIC, J.

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Dated this the 1^st April, 2008. O R D E R

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The Review Petition has been filed by the respondents in the writ petition. The writ petition was disposed of on the assumption that proceedings under Section 61A of the Forest Act were pending before the authorised officer and on that basis, it was directed that on furnishing bank guarantee the machineries of the sawmill will be entrusted to the petitioner pending final orders. It is now pointed out by the learned Govt. Pleader that there was a mistake in the facts as projected before this Court in as much as, on 11.1.2008 itself, final order was passed in the proceedings under Section 61A of the Forest Act. The fact that a final order has been so passed is also obvious from the averments in the Contempt of Court Case No. 520/08 filed by the petitioner complaining of disobedience of the judgment.

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RP No. 322/08 inW.P.(C) No. 6410 OF 2007

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-2-

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Since final order has been passed under Section 61A the

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judgment rendered on the assumption that proceedings are pending

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is erroneous and hence is recalled.

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Review Petition is disposed of as above.

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ANTONY DOMINIC JUDGE

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jan/-

State of Kerala and Others v. T.v.Joseph and Others

Case brief

What is this about?

What did the court decide?

State of Kerala and Others v. T.v.Joseph and Others

Case brief

What is this about?

What did the court decide?

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