Disposed

Anto Joseph C.J. v. District Collector Kottyam & 4 Others

Kerala HC7 Oct 2008WP(C)/22867/2008

Case brief

AI extract

What is this about?

This writ petition challenged an order issued by the District Collector restraining the petitioner from cutting trees. The Collector released this restraint after a prior civil suit by the respondents was dismissed, leaving no pending proceedings. The court disposed of the petition on the respondent's statement without further orders.

What the court decided

AI extract

Anto Joseph C.J. Vs District Collector Kottyam & 4… — 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 V.GIRI

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TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930

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WP(C).No. 22867 of 2008(V)

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

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PETITIONER:

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

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ANTO JOSEPH.C.J., AGED 25 YEARS, S/O.C.J.JOHN, T.C.3/614(1), CHAKKUPURACKAL, MUTTADA P.O., TRIVANDRUM-25.

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BY ADV. SRI.R.B.BALACHANDRAN.

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RESPONDENTS:

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

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1. THE DISTRICT COLLECTOR, KOTTAYAM.

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2. LAILAMOL, D/O.ISSAC,

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CHAKKUPURACKAL, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM.

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3. BINDU MOL, D/O.ISSAC,

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CHAKKUPURACKAL, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM.

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4. SHEEBAMOL, D/O.ISSAC,

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CHAKKUPURACKAL, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM.

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*5. (BINDHUMOL, D/O.ISSAC,

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*CHAKKUPURACKAL, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM) (DIED). (DELETED)

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*R5 DELETED AS PER ORDER DATED 06/08/08 IN I.A. NO.10066/08.

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W.P.(C). NO.22867/2008-V:

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**ADDL.R5. GEETHA MOL, D/O. ISSAC, CHAKKUPURACKAL, MANGANAM.P.O., VIJAYAPURAM VILLAGE, KOTTAYAM.

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**IS IMPLEADED AS PER ORDER DATED 06/08/08 IN I.A. NO. 10067/08.

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GOVERNMENT PLEADER SMT. SREELATHA FOR R1.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.22867/2008-V:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE JUDGMENT & DECREE IN O.S. NO. 900/2000 OF ADDITIONAL MUNSIFF COURT, KOTTAYAM DTD. 30/09/2006.

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EXT.P.2: COPY OF THE PETITION FILED BY THE R.2. DTD. 19/07/2008.

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EXT.P.3: COPY OF THE DEMAND NOTICE SERVED TO THE PETITIONER.

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EXT.P.4: COPY OF THE DECREE AND JUDGMENT IN O.S. NO. 884/00.

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EXT.P.5: COPY OF THE ORDER IN A.S. NO. 47/03.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE.

prv.

V. GIRI, J.

WP(C).NO. 22867 of 2008

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Dated this the 7th day of October, 2008.

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JUDGMENT

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The petitioner challenges the order endorsed in Ext.P2, passed by the District Collector restraining cutting of trees that are in the property mentioned therein. Ext.P2 is the application filed before the first respondent.

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In the statement filed by the first respondent, it is submitted that when Ext.P2 application was received the District Collector wanted to ascertain whether there are any proceedings pending before the court. OS.No.900/2000 filed by respondents 2 to 5 against the petitioner was dismissed and therefore there are no proceedings now pending before the court. In the circumstances, it is declared that the petitioner need not consider himself as restrained by any order passed by the District Collector as such.

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The writ petition is disposed of as above.

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V. GIRI, JUDGE.

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Pmn/

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WPC. /2008 2

Anto Joseph C.J. v. District Collector Kottyam & 4 Others

Case brief

What is this about?

What the court decided

Anto Joseph C.J. v. District Collector Kottyam & 4 Others

Case brief

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