The court dismissed the writ petition challenging an Ordinance No.8/2000 notification. The jurisdiction was declined due to inordinate delay in filing the petition, noting there was no satisfactory explanation for the lapse of over eleven years.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933
WP(C).No. 23457 of 2011(F)
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PETITIONER(S):
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1. THANKAM.B.MENON,AGED 78,W/O.LATE CAPT.T.R.B.MENON,RESIDING AT ANAND KALAM,KANJIKODE WEST NEAR PREMIER MILLS,KANJIKODE, PALAKKAD.
2. NARENDRAN @ ANANDAN, AGED 38 YEARS,S/O.LATE TRB MENON, R/AT ANAND KALAM,KANJIKODE WEST NEAR PREMIER MILLS, KANJIKODE,PALAKKAD,PETITIONERS REPRESENTED BY THEIR P.A/H ASHRAF,AGED 30 YEARS,S/O.MOIDU, METHALEKUZHIKANDIYIL(H),VALAYAM AMSOM,KUYTHERI DESOM,VADAKARA TALUK,KOZHIKODE DISTRICT.
BY ADV. SRI.M.RAJENDRAN NAIR
SRI.K.MUHAMMED SALAHUDHEEN
RESPONDENT(S):
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1. STATE OF KERALA,REP.BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,FOREST AND WILD LIFE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM.695 001
2. THE CHIEF CONSERVATOR OF FORESTS, HEAD QUARTERS,FOREST OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM.PIN-695 001
3. THE CONSERVATOR AND CUSTODIAN OF VESTED FORESTS, OLAVAKODE CIRCLE,OLAVAKODE, PALAKKAD.PIN-678 002
BY SPL.GOVERNMENT PLEADER SRI.JAMES KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.23457/2011
APPENDIX
PETITIONER'S EXHIBITS:
P4 COPY OF THE NOTIFICATION DATED 19/9/2000.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
ANTONY DOMINIC, J.
W.P.(C) No. 23457 of 2011 F
Dated this the 25th day of October, 2011
J U D G M E N T
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In this writ petition filed on 26.08.2011, petitioners challenge Ext.P4 notification dated 19.09.2000, which was issued under Ordinance No.8/2000 vesting with the Government of Kerala the properties mentioned therein as ecologically fragile land. There is absolutely no explanation, much less any satisfactory explanation, for the long and unexplained delay in filing this writ petition.
Writ petition fails and accordingly, it is dismissed.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/25/10
1 issue framed by the court
Whether the writ petition is maintainable given the long and unexplained delay of over eleven years in filing it.
1 provisions across 1 enactments
THANKAM.B.MENON AND ANOTHER
STATE OF KERALA AND OTHERS
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
