Allowed

Radhakrishna Menon and Ors. v. State of Kerala and Anr.

Kerala HC22 Feb 2011OP(C)/566/2011

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an Original Petition directing the Forest Tribunal, Kozhikode, to expedite hearing and disposal of an application for permission to tap rubber trees, without expressing an opinion on the merits.

What did the court decide?

Directed the Forest Tribunal to hear and dispose of I.A. No. 395 of 2010 expeditiously and grant respondents an opportunity to file counter if not already filed.

Radhakrishna Menon and Ors. Vs State of Kerala and… — Writ and Judicial Review | Kerala HC (2011)

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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 K.T.SANKARAN

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TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932

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OP(C).No. 566 of 2011(O)

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OA.14/2007 OF FOREST TRIBUNAL, KOZHIKODE

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PETITIONERS:

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RADHAKRISHNA MENON S/O.KOCHOTTIL DEVAKI AMMA, KRISNA PRABHA, ANGADIPPURAM,

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PERITHALMANNA, MALAPPURAM.

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SATHIRATNAM D/O.CHENGARA PUTHAN VEETTIL DAKSHAYANI AMMA,

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POOJA NAGAR, PUTHUR AMSOM DESOM, PALAKKAD.

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SAKTHIDARAN, S/O.MELEKULANGARA LAKSHMIKUTTY AMMA, PERINTHALMANNA, MALAPPURAM.

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JANARDHANAN S/O.KOLANI KAMALAKASHI AMMA PULLASSERY DESOM, KARAKURUSSI VILLAGE, MANNARKKAD.

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VIJAYAKUMAR,S/O.CHENGOLATH JANAKI AMMA, RATNA VIHAR, SEKHARIPURAM, PALAKKAD.

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RAJEEV S/O.THANDAYAMPARAMBIL RAVEENDRAN, EZHAKKAD, MUNDUR II VILLAGE. ALL REPRESENTED BY POWER OF ATTORNEY

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GEORGE SEBASTIAN S/O.MATHEW DEVASSYA PURAIKKAL HOUSE, MELAPURAM ROAD, PUDUPPARIYARAM, PALAKKAD.

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BY ADV. SRI.A.R.GANGADAS

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RESPONDENTS:

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STATE OF KERALA,

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REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001.

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THE CUSTODIAN OF VESTED FORESTS, ARANYABHAVAN, FOREST COMPLEX, OLAVAKKODE, PALAKKAD.

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SPECIAL GOVERNMENT PLEADER FOR FORESTS SRI.P.M.PAULOSE

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN, J.

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O.P.(C). NO. 566 OF 2011 O

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-----------------------------------------------------Dated this the 22^nd day of February, 2011

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JUDGMENT

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The petitioners filed O.A.No.14 of 2007, on the file of the Forest Tribunal, Kozhikode, in respect of a total extent of more than 43 acres of land. Before the Forest Tribunal, the petitioners filed I.A.No.210 of 2007 for an interim order of injunction. The Forest Tribunal passed Ext.P3 order dated 11.5.2007, restraining the respondents from committing any mischief in the schedule property till the disposal of the application.

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The petitioners filed I.A.No.395 of 2010 dated 18.12.2010 for permitting them to tap the rubber trees in the property. It is stated by the learned counsel for the petitioners that the respondents have filed counter in I.A.No.395 of 2010 on 15.1.2011. The only prayer in the Original Petition is to direct the Forest Tribunal, Kozhikode to hear and dispose of I.A.No.395 of 2010 in O.A.No.14 of 2007.

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O.P.(C) NO.566 OF 2011

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:: 2 ::

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Heard the learned counsel for the petitioners and the learned Special Government Pleader (Forests).

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In the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the Forest Tribunal can be directed to dispose of I.A.No.395 of 2010 in O.A.No.14 of 2007 expeditiously.

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Accordingly, the Original Petition is allowed. The Forest Tribunal, Kozhikode shall hear and dispose of I.A.No.395 of 2010 in O.A.No.14 of 2007 expeditiously. If the respondents have not filed a counter statement or counter affidavit in I.A.No.395 of 2010, an opportunity to file the same shall be granted by the Forest Tribunal.

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(K.T.SANKARAN) Judge

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ahz/

Radhakrishna Menon and Ors. v. State of Kerala and Anr.

Case brief

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Radhakrishna Menon and Ors. v. State of Kerala and Anr.

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