Disposed

E.S.Shamsudheen v. Chief Conservator of Forest

Kerala HC18 Jun 2014WP(C)/31949/2004

Case brief

AI extract

What is this about?

Petitioner sought issuance of an elephant ownership certificate alleging non-consideration of his representations by Wildlife officials. Court directed petitioner to appear before the 2nd respondent on a fixed date to submit relevant documents and evidence.

What did the court decide?

Directed petitioner to appear before the 2nd respondent on 11 a.m. on 15.07.2014 with relevant documents in support of his claim for elephant ownership.

E.S.Shamsudheen Vs Chief Conservator of Forest — Writ and Judicial Review | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

¶4

WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936

¶5

WP(C).No. 31949 of 2004 (C)

¶6

PETITIONER(S):

¶7

E.S. SHAMSUDHEEN, S/O.LATE E.K. SAYED, MOHAMED, EDAVANAKAT HOUSE, 'MAHIMA', PUTHIYA ROAD, KARA ERIYAD, KODUNGALLUR.

¶8

BY ADV. SRI.T.H.ABDUL AZEEZ.

¶9

RESPONDENT(S):

¶10

1. THE CHIEF CONSERVATOR OF FORESTS, (WILD LFE WING), THIRUVANANTHAPURAM.

¶11

2. THE FOREST RANGE OFFICER, VELLIKULANGARA, THRISSUR DISTRICT.

¶12

3. E.S. ABDUL GAFOOR, S/O.LATE E.K. SYED MOHAMMED, EDAVANAKAT HOUSE, THIRUVANCHIKULAM, KODUNGALLUR.

¶13

R1 & R2 BY GOVT. PLEADER MR.NOUSHAD THOTTATHIL. R3 BY ADVS. SRI.KKM.SHERIF,

¶14

SRI.K.K.JAYASOORIAN, SRI.P.M.KUNJIMOIDEENKUTTY, SRI.P.A.MOHAMMED ASHROF, SRI.LAL K.JOSEPH,

¶15

SRI.A.A.ZIYAD RAHMAN.

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

rs.

¶18

WP(C).No. 31949 of 2004 (C)

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:-

¶21

EXT.P1	COPY OF THE BIO-DATA OF THE ELEPHANT.
EXT.P2	COPY OF THE SALE DEED DATED 04/09/2000 EXECUTED BY THE PREVIOUS OWNER SMT.SUBAIDA BEFORE THE NOTARY PUBLIC.
EXT.P3	COPY OF THE INSURANCE POLICY ISSUED TO THE PETITIONER BY THE NATIONAL INSURANCE COMPANY.
EXT.P4	COPY OF THE REPRESENTATION DATED 26/04/2004 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P5	COPY OF THE REPRESENTATION DATED 26/04/2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶22

RESPONDENT'S EXHIBITS:-

¶23

EXT.R2A	COPY OF THE NOTICE NO.VI.157/01 DATED 11/12/2001 ISSUED BY FOREST RANGE OFFICER, VELLIKULANGARA.
EXT.R2B	COPY OF THE POSTAL ENVELOPE SHOWING THE RETURN OF NO.VI.157/01 -DO- -DO-.
EXT.R2C	COPY OF THE NOTICE DATED 29/01/2002 SENT TO THE APPLICANT TO PRODUCE THE RECORDS AND ELEPHANT TO RANGE OFFICER, VELLIKULANGARA ON 08/02/2002.
EXT.R2D	COPY OF THE PURCHASE DOCUMENT SIGNED BY SMT.SUBAIDA FOR THE SALE OF THE ELEPHANT TO SRI.E.S. SHAMSUDHEEN.
EXT.R2E	COPY OF THE OWNERSHIP CERTIFICATE NO.105/04 DATED 31/07/2004 ISSUED BY THE CHIEF WILDLIFE WARDEN.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.V. RAMAKRISHNA PILLAI, J.

¶28

-------------------------------------------------W.P.(C) No. 31949 of 2004

¶29

-------------------------------------------------Dated this the 18^th day of June, 2014

¶30

J U D G M E N T

¶31

The petitioner, who is claiming himself to be the owner of an elephant by name, 'Unnikrishnan', has approached this Court alleging that respondents 1 and 2 have not considered and disposed of Exts.P4 and P5 representations submitted by him so far.

¶32

The petitioner alleges that he had purchased the aforesaid elephant as per Ext.P2 sale deed and it was insured with National Insurance Company for a sum of ₹3,00,000/- as per Ext.P3 policy. He submitted Exts.P4 and P5 representations before respondents 1 and 2 for issuing Ownership Certificate of the elephant to him. His grievance is that respondents 1 and 2 have not considered Exts.P4 and P5 so far. It is with this background, the petitioner has come up before this Court.

¶33

In the counter affidavit filed by the 2^nd

¶34

..2..

¶35

W.P.(C) No. 31949 of 2004

¶36

respondent, it was contended that though notices have been issued to the petitioner to appear before the 2^nd respondent, he has not turned up as directed. In support of their case that they have issued notices, they produced Ext.R2 series.

¶37

Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner is ready to appear before the 2^nd respondent with the documents in support of his claim on a date fixed by this Court.

¶38

As the only objection raised by the State is that the petitioner has not turned up although directions have been issued by the State to appear before the 2^nd respondent, this Court is of the view that this writ petition can be disposed of directing the petitioner to appear before the 2^nd respondent on a specific date.

¶39

Therefore, the petitioner is directed to appear before the 2^nd respondent on 11 a.m. on 15.07.2014 with the relevant documents in support of his claim. In the event

¶40

..3..

¶41

W.P.(C) No. 31949 of 2004

¶42

of appearance and submission of records, Exts.P4 and P5 shall be considered by the 2^nd respondent and appropriate orders shall be passed in the matter.

¶43

To facilitate an early action, it shall be open to the petitioner to produce this judgment along with copies of Exts.P4 and P5 representations before the 2^nd respondent when he appears on the aforesaid date.

¶44

The writ petition is disposed of as above.

¶45

Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE

¶46

bka/-

E.S.Shamsudheen v. Chief Conservator of Forest

Case brief

What is this about?

What did the court decide?

E.S.Shamsudheen v. Chief Conservator of Forest

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

K.a.Baraham Vs State of Kerala

Vijeesh T.S. Vs the District Collector

Dhanlaxmi Bank Ltd. Vs State of Kerala

Indira Vs State of Kerala

Abdul Nazar Vs the Secretary

Kerala State Ex-Service League Vs Union of India