Dismissed

E.M.Joykutty v. the Forest Range Officer, Kalady and Ors.

Kerala HC16 Dec 2009WP(C)/35655/2009

Case brief

AI extract

What is this about?

A writ petition seeking a stay on vehicle confiscation proceedings pending an appeal before the District Court was dismissed. The Court held that it cannot intervene when an appeal with a stay application is pending before the competent court, directing expeditious disposal there instead.

What did the court decide?

Relief stayed cannot be granted; matter posted pending before District Court for disposal of stay application.

E.M.Joykutty Vs the Forest Range Officer… — Pension and Retirement Benefits | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN

¶4

WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931

¶5

WP(C).No. 35655 of 2009(O)

¶6

-------------------------CMA.82/2009 of II ADDL.DISTRICT COURT,ERNAKULAM

¶7

PETITIONER/APPELLANT:

¶8

¶9

E.M.JOYKUTTY, AGED 50 YEARS, S/O.MATHEW, RESIDING AT EDAYAPPARAMBIL HOUSE, AITHALA MURIYIL, PAZHAVANGADI VILLAGE, PATHANAMTHITTA DISTRICT.

¶10

BY ADV. MR.V.SETHUNATH

¶11

RESPONDENTS/RESPONDENT:

¶12

¶13

THE FOREST RANGE OFFICER, FOREST RANGE, KALADY, ERNAKULAM DISTRICT.

¶14

THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM.

¶15

THE AUTHORISED OFFICER, DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, KODANAD P.O. ERNAKULAM DISTRICT.

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

S.S.SATHEESACHANDRAN, J.

¶18

W.P.(C).No.35655 of 2009 - O

¶19

Dated this the 16^th day of December, 2009

¶20

J U D G M E N T

¶21

Writ petition is filed seeking the following reliefs:

¶22

“i) To call for the records relating to Ext.P1. ii) To issue a writ of mandamus or appropriate writ order or direction to stay all proceedings under Ext.P6 notice till the disposal of Ext.P1 appeal.”

¶23

Petitioner is the appellant in C.M.A.No.82 of 2009 on

¶24

the file of the 2^nd Additional District Court, Ernakulam. The appeal is preferred under Section 61D of the Kerala Forest Act, against an order passed by the Divisional Forest Officer, Malayattoor Division, Kodanad, confiscating a motor vehicle owned by the appellant alleging that it was involved in a forest offence. Previously, petitioner, after registration of the forest offence involving the vehicle, had got interim custody of that vehicle, after seizure by the forest officials, by orders of the Magistrate before whom the criminal case was pending. The release of the vehicle on interim custody was challenged by the respondent by filing a writ petition, W.P.(C).No.22748 of 2008

¶25

W.P.(C).No.35655 of 2009 - O

¶26

¶27

before this Court. Order passed by the learned Magistrate allowing interim custody of the vehicle was quashed by judgment dated 28.7.2009 rendered in the above writ petition. A petition filed by the petitioner seeking review of that judgment was also later dismissed. Meanwhile, pursuant to proceedings taken the Divisional Forest Officer, after hearing the petitioner/appellant, passed an order confiscating the vehicle. That order is now being challenged in C.M.A.No.82 of 2009 before the 2^nd Additional District Court, Ernakulam. In that C.M.Appeal, petitioner/appellant had moved an application for staying the operation of the confiscation order. Learned District Judge has ordered notice on that application. Petitioner has therefore approached this Court seeking the aforementioned relief invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India.

¶28

Notice given, learned Special Government Pleader (Forests) has appeared on behalf of the respondents. I heard the counsel for the petitioner and the learned Special Government Pleader (Forests).

¶29

¶30

W.P.(C).No.35655 of 2009 - O

¶31

Petitioner is enjoying possession of the vehicle on the basis of the interim custody granted by the Magistrate which had been quashed by orders by judgment rendered by this Court, submits the learned Special Government Pleader. Further more as no orders have been passed by the learned District Judge on the petition filed for staying the operation of the confiscation order impugned in the appeal and so much so, the visitorial jurisdiction of this Court may not be invoked for granting the relief canvassed in the writ petition, is the submission of the learned Special Government Pleader (Forests).

¶32

Having regard to the submissions made and the facts and circumstances presented, I find at this stage, the relief canvassed for staying the operation of Ext.P6 notice given by the authorized officer, pending appeal preferred by the petitioner, cannot be granted by this Court in exercise of writ jurisdiction. Petitioner has to approach the District Court for an expeditious disposal of the application filed by him for staying the operation of the confiscation order. It is submitted that the petition stands posted for return of notice on 23.12.2009. Respondent is

¶33

¶34

W.P.(C).No.35655 of 2009 - O

¶35

directed to enter appearance in the appeal and file counter, if any, to that application before 22.12.2009. The learned District Judge is directed to hear and dispose of Ext.P2 application expeditiously, preferably on 23.12.2009 itself. In case the application, for any reason, could not be heard and disposed of on 23.12.2009, there will be a direction to dispose that application within two weeks from the above date.

¶36

Writ petition is disposed of as above.

¶37

S.S.SATHEESACHANDRAN, JUDGE.

¶38

bkn/-

E.M.Joykutty v. the Forest Range Officer, Kalady and Ors.

Case brief

What is this about?

What did the court decide?

E.M.Joykutty v. the Forest Range Officer, Kalady and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.K.Arun Babu Vs K.Rameshan

Mini Vs Anitha

K.Krishna Bhat Vs Pollunhi and Others

K.R.Sasikumar Vs P.v.C.Chit Fund

Chellikkattil Kamalakshi Vs Chellikkattil Dakshayani

K.P.Damodaran Nair Vs K.P.Madhavan Nair