Disposed

Yasir v. Custodian of Vested Forest

Kerala HC26 Oct 2016WP(C)/20032/2016

Case brief

AI extract

What is this about?

The court held that since the subject matter was pending before the Forest Tribunal, it would not comment on merits. The Forest Tribunal is directed to consider an application for stay within three weeks of filing within two weeks of today, after hearing both parties.

What did the court decide?

Directed the Forest Tribunal to consider an application for stay of proceedings if made within two weeks thereof, subject to a hearing within three weeks.

Yasir Vs Custodian of Vested Forest — Land Acquisition | Kerala HC (2016)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938

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WP(C).No. 20032 of 2016 (D)

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PETITIONER :

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*YASIR, AGED 47 YEARS, S/O. KUNJAHAMMED, VANIYAPEEDIKAYIL HOUSE, (PALAYIL P.O., WAYANAD DISTRICT). (CORRECTED)

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*ADDRESS OF PETITIONER IS CORRECTED AS

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'PALERI.P.O., KOZHIKODE DISTRICT' INSTEAD OF 'PALAYIL.P.O., WAYANAD DISTRICT'.

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AS PER THE ORDER DATED 24/6/2016 IN IA.NO.9842/2016.

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BY SRI.RENJITH THAMPAN,SENIOR ADVOCATE ADV. SMT.P.R.REENA

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RESPONDENT(S):

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1. CUSTODIAN OF VESTED FOREST, KOZHIKKODE, PIN-673 020.

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2. DIVISIONAL FOREST OFFICER, FOREST DIVISION, KOZHIKKODE, PIN-673 020.

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3. FOREST RANGE OFFICER,

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FOREST RANGE OFFICE, KUTTIYADI, KOZHIKKODE, PIN-673 508.

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R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI.K.SANDESH RAJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 20032 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 03-06-2015. P2 TRUE COPY OF THE SALE DEED NO. 231/2011 DATED 27-01-2011. P3 TRUE COPY OF THE REGISTERED SALE DEED NO. 425/2006 DATED 06-03-2006. P3(A) TRUE COPY OF THE REGISTERED SALE DEED NO. 1240/2006 DATED 05-07-2006. P4 TRUE COPY OF THE SALE DEED NO. 750/92 DATED 12-03-1992. P5 TRUE COPY OF THE LAND TRIBUNAL PURCHASE CERTIFICATE IN SMS.NO. 1714/1977 DATED 27-02-1978. P6 THE ORDER OF THE KUNNUMMEL LAND TRIBUNAL IN SMC.NO. 1714/77 DATED 15-12-1977.

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P7 PHOTOGRAPH SHOWING THE PRESENT CULTIVATION OF PETITIONER'S PROPERTY COVERED BY EXT. P1.

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P7(A) PHOTOGRAPH SHOWING THE PRESENT CULTIVATION OF PETITIONER'S PROPERTY COVERED BY EXT. P1.

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P7(B) PHOTOGRAPH SHOWING THE PRESENT CULTIVATION OF PETITIONER'S PROPERTY COVERED BY EXT. P1.

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P8 TRUE COPY OF THE RECEIPT DATED 03-06-2016 ISSUED TO THE PETITIONER.

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P9 TRUE COPY OF THE PRESENTATION DATED 02-06-2016 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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P10 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 6161/2016 DATED 17-02-2016.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

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W.P.(C). NO. 20032 OF 2016

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Dated this the 26^th day of October, 2016

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JUDGMENT

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This writ petition is filed by the petitioner, who is proceeded against by the respondents, under the Kerala Private Forest (Vesting and Assignment) Act. According to the petitioner, petitioner is issued with purchase certificate No. 2478/77 in SMC. No. 1714/77 dated 27.02.1978, by the Land Tribunal. Anyhow, consequent to the action initiated under the aforesaid Act, an appeal is instituted by the petitioner, before the Forest Tribunal, which according to the petitioner is pending consideration. The sole issue raised by the petitioner in this writ petition is that till such time the appeal is decided by the Forest Tribunal, stay of the proceedings may be granted. It is in this background seeking appropriate direction, this writ petition is filed.

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W.P.(C). NO. 20032 OF 2016 2

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Heard learned counsel for the petitioner and the

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learned Government Pleader and perused the documents on records and the pleadings put forth by the petitioner.

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Since the subject matter is pending at large before the Forest Tribunal, I do not propose to make any comment with respect to the merits of the matter. However, if the petitioner is moving an application for stay of the proceedings, the Forest Tribunal shall take note of the same and pass appropriate orders, after providing an opportunity of hearing to the petitioners and the respondents. If the application is made within two weeks from today, same shall be considered within three weeks thereafter.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Yasir v. Custodian of Vested Forest

Case brief

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Yasir v. Custodian of Vested Forest

Case brief

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