State filed a review clarifying that the Govt. order applies to non-tribal areas only, as trees in question were planted by tribals in Keezhanthoor Village. Court extended compliance time by one month.
Time to comply with the judgment is extended by one month from today.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937
RP.No. 82 of 2016
AGAINST THE JUDGMENT IN W.P.(C).NO.35620/2015, DATED 25-11-2015
REVIEW PETITIONER(S)/RESPONDENTS :
1. THE PRINCIPAL CHIEF FOREST CONSERVATOR (WILD LIFE)& CHIEF WILD LIFE WARDEN, WILD LIFE OFFICE, FOREST HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.
2. THE WILD LIFE WARDEN, MUNNAR DIVISION, MUNNAR, IDUKKI DISTRICT, PIN-685 612.
3. THE SUB COLLECTOR, DEVIKULAM, IDUKKI, PIN-685 613.
4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SMT.SUSHEELA.R.BHATT
RESPONDENT(S)/PETITIONER :
C.S.NAZAR, S/O.SAIDU KUNJU, CHOORAVELIL HOUSE, ADIMALY.P.O, IDUKKI-685 561.
BY SRI.K.JAJU BABU (SENIOR ADVOCATE) ADVS. SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.MUHAMED MUSTAQUE, J.
==================
R.P.No. 82 of 2016
in
W.P(C) No.35620 of 2015 ==================
Dated this the 18th day of February, 2016
O R D E R
The State has come with this review. The main reason for
the review is that even though Ext.P8 Government order remains in force, this Court allowed the petitioner to cut and remove the Eucalyptus Grandis trees harvested in the land. In fact this Court did not interfere with the Government order as above. The peculiar facts would clearly indicate that the trees were planted by the tribals in Ollavayal in Keezhanthoor Village, Devikulam. This is also supported by the certificate issued by the Ecp Development Committee [EDC]. It is to be noted that certain rights have been conferred on the tribal, in terms of the statutory provisions. Certainly the Government order as above would have an impact or application in non-tribal areas. Thus review petition is disposed clarifying as above.
In view of above, time to comply the judgment is extended by one month from today. sd/-
sab A.MUHAMED MUSTAQUE, JUDGE
R.P.No. 82 of 2016 in W.P(C) No.35620 of 2015 - : 2 :-
2 issues framed by the court
Whether to extend time to comply with the judgment allowing the removal of Eucalyptus Grandis trees.
Whether the Government order withholding recovery applies to lands where trees were planted by tribals with statutory rights.
THE PRINCIPAL CHIEF FOREST CONSERVATOR & OTHERS
C.S.NAZAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
