Dismissed

Kavalangad Grama Panchayath v. State of Kerala and Others

Kerala HC13 Feb 2009WP(C)/142/2009

Case brief

AI extract

What is this about?

The Court dismissed the writ petition filed by a Panchayat challenging a Government order prohibiting sand collection from a land (Kadavu) classified as forest. The Court held that the petitioner's remedy lay in seeking clarification from the Government regarding the Government Pleader's order permitting sand collection in other similar Kadavus.

What the court decided

AI extract

Kavalangad Grama Panchayath Vs State of Kerala… — Municipal and Town Planning | Kerala HC (2009)

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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 S.SIRI JAGAN

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FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930

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WP(C).No. 142 of 2009(P)

PETITIONER(S):

KAVALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KAVALANGAD P.O., ERNAKULAM DISTRICT.

BY ADV. SRI.P.V.BABY

RESPONDENT(S):

STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.

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THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE(C), SECRETARIAT, THIRUVANANTHAPURAM.

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THE FOREST RANGE OFFICER, NERIYAMANGALAM, ERNAKULAM DISTRICT.

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GOVERNMENT PLEADER SRI. SANDESH RAJA, K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PETITIONER'S EXHIBITS: W.P.C. NO. 142/2009.

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EXT.P1 TRUE COPY OF ORDER DT. 7-2-2003. EXT.P2 ORDER DT. 18-12-2007. EXT.P3 REPORT DT. 1-1-2008. EXT.P4 JUDGMENT IN W.P.C.NO. 764/2008 DT. 28-2-2008. EXT.P5 ORDER DT. 7-2-2008.

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EXT.P6 REPORT ALONG WITH SKETCH.

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EXT.P7 ORDER DT. 1-11-2008.

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EXT.P8 RESOLUTION DT. 17-12-2008.

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EXT.P9 ORDER DT. 2-12-2008.

[TRUE COPY]

P.S TO JUDGE.

S. Siri Jagan, J.

W. P (C) No. 142 of 2009

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Dated this, the 13^th February, 2009.

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J U D G M E N T

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Petitioner is a Panchayat. They are aggrieved by the prohibition imposed in the matter of collecting sand from Chembenkuzhi kadavu which, according to them, falls within the jurisdiction of the Panchayat. But, they have been prevented from collecting sand from that Kadavu on the ground that the Kadavu falls within forest area and under the Forest Act, non-forest activities cannot be permitted in forest area except with the prior permission from the Central Government. The dispute raised by the Panchayat has been referred to a High Power Committee appointed by the Government and the Government has, by Ext. P7, relying on the report of the High Power Committee, decided the dispute in which Chembenkuzhi kadavu has not been exempted and it has been confirmed that Chembenkuzhi kadavu falls within the forest area. The petitioner is challenging Ext. P7 in this writ petition.

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The petitioner submits that the Government itself had subsequently, by Ext. P9 order, granted permission for collecting sand in respect of some other Kadavus, which was not permitted as per Ext. P7. Learned Government Pleader submits that Ext. P9 is only a clarification of Ext. P7 order and there is nothing in Ext. P9 which goes against Ext. P7.

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I am of opinion that the petitioner's remedy lies in approaching the Government for appropriate clarification in the matter. Therefore, without prejudice to that right, this writ petition is dismissed.

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Sd/- S. Siri Jagan, Judge.

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Tds/

Kavalangad Grama Panchayath v. State of Kerala and Others

Case brief

What is this about?

What the court decided

Kavalangad Grama Panchayath v. State of Kerala and Others

Case brief

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What the court decided

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