The High Court of Kerala dismissed a revision petition filed by the State and Forest officials challenging an interim order allowing the respondent to pluck coffee beans. The Court held the petition infructuous as the underlying suit was dismissed for non-payment of court fee.
Revision petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932
CRP.No. 149 of 2006()
--------------------CMA.11/2005 of DISTRICT COURT, KALPETTA OS.21/2005 of SUB COURT, SULTHAN BATHERY (IA. 62 /2005)
REVN. PETITIONER(S): RESPONDENTS IN CMA./ DEFENDANTS
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1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, WAYANAD DISTRICT, KALPETTA NORTH.
2. CUSTODIAN OF VESTED FORESTS & CONSERVATOR OF FORESTS, EASTERN CIRCLE, PALAKKAD.
3. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD, MANANTHAVADY.
4. THE FOREST RANGE OFFICER, THOLPETTY RANGE. THIRUNELLY AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD.
BY GOVERNMENT PLEADER SRI.M.P.PRAKASH
RESPONDENT(S): APPELLANT IN CMA./PETITIONER
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BRAHMAGIRI B ESTATE, REPRESENTED BY THEM ANAGING PARTNER MICHAEL VAN INGEN BRAHMAGIRI B ESTATE, THIRUNELLY AMSOM, DESOM, MANANTHAVADY TALUK, WAYANAD.
ADV. SRI.S.V.BALAKRISHNA IYER SENIOR ADVOCATE FOR R
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
C.R.P. No.149 OF 2006
ORDER
Basheer, J.
This revision petition is at the instance of the State of Kerala and officials of the Forest Department. It is directed against an interim order passed by the District Court, Wayanad in a Civil Miscellaneous Appeal. By the impugned order, the court below gave permission to the respondent herein to pluck ripe coffee beans from plaint B schedule property in O.S.No.21/2005 on the file of Subordinate Judge's Court, Sulthan Bathery. The learned District Judge made it clear that the permission was only provisional and that it would not confer any right on the petitioner over the property in question.
respondent. It is brought to our notice that the suit was dismissed for non payment of court fee on May 21, 2009. Even prior to this, the Civil Miscellaneous Appeal from which this revision petition has arisen, was dismissed by the District Court on July 19, 2008.
CRP.No.149/2006
2
In view of the above subsequent developments , the revision petition has become infructuous. It is accordingly dismissed. It is made clear that it would be open to the petitioners to take recourse to appropriate remedies in accordance with law, if in case the suit happens
to be restored at a later stage.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
CRP.No.149/2006 2
1 issue framed by the court
Whether a revision petition challenging an interim order permitting plucking of coffee beans becomes infructuous after the underlying suit for non-payment of court fee and the appeal dismissing the ma
State of Kerala
Brahmagiri B Estate
A.K. Basheer
P.Q. Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
