Disposed

Ambujakshy v. State of Kerala

Kerala HC26 Feb 2016WP(C)/2524/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a declaration that land covered by prior orders was exempt from forest vesting and a direction to issue a permit for cutting fallen trees. The Court directed the second respondent to decide within three months whether formal restoration orders are necessary and to consider cutting requests without delay. Petition disposed without costs.

What did the court decide?

Respondent to take decision on restoration within 3 months; petitioner's request to cut trees to be considered without delay; petition disposed.

Ambujakshy Vs State of Kerala — Property and Title | 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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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WP(C).No. 2524 of 2016 (M)

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PETITIONER(S):

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AMBUJAKSHY, W/O.NARAYANAN, PAROKKATTIL, PERINTHALMANNA, MALAPPURAM DISTRICT.

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BY ADVS.SRI.T.M.ABDUL LATHEEF SRI.K.ASHOK SARAN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2. THE CHIEF FOREST CONSERVATOR, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD-678002.

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3. DIVISOINAL FOREST OFFICER, MANNARKAD, PALAKKAD-678582.

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4. THE RANGE FOREST OFFICER, OFFICE OF THE RANGE FOREST OFFICE, AGALI RANGE, KALKANDI P.O., AGALI - 678 581.

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BY SPECIAL GOVERNMENT PLEADER SRI.M.P.MADHAVANKUTTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2524 of 2016 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1TRUE COPY OF THE SALE DEED NO. 952 OF 2009 DATED 10/06/2009

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P2TRUE COPY OF THE SALE DEED NO. 861/1982 DATED 23/02/1982

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P3TRUE COPY OF THE TAX RECEIPT NO. 5725-379 DATED 17/04/2012

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P4TRUE COPY OF THE TAX RECEIPT NO.57255356 DATED 17/4/12

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P5TRUE COPY OF THE JUDGMENT DATD 25/04/1979 PASSED BY THE FOREST TRIBUNAL, MANJERI IN O.A 98/77 TO 177 OF 1977

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P6TRUE COPY OF THE ORDER DATED 05/08/2003 PASSED IN R.P 193/2001

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P7TRUE COPY OF THE LETTER NO. B/1 O.A 98/77 TO 117/77 DATED 18/10/2010 OF THE 4TH RESPONDENT

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P8TRUE COPY OF THE JUDGMENT IN W.P(C) 22818/2010 DATED 06/09/2010 PASSED BY THIS HONOURABLE COURT IN WPC.22818/10

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P9TRUE COPY OF THE JUDGMENT DATED 25/08/2011 IN W.A 648/2010

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P10TRUE COPY OF THE JUDGMENT DATED 19/02/2013 IN W.P(C) 1995/2013

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P11TRUE COPY OF THE JUDGMENT IN W.P(C) 8992/2013

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P12TRUE COPY OF THE LETTER NO. C2-830/2014 DATED 11/02/2015 ISSUED BY THE 4TH RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No.2524/2016

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Dated this the 26^th Day of February, 2016

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J U D G M E N T

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The petitioner has approached this Court seeking for the

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following reliefs:

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“i. To call for the records relating to Exts.P1 to P12 and to issue appropriate writ, order or direction, declaring that the property covered in O.A.No.98/77 to 177/77 of Forest Tribunal and of R.P.No.193/01 of this Honourable Court, having being found as exempted under Rule 3 of the Kerala Private Forest (Exemption from Vesting) Rules 1974, which is in the possession of the petitioner as admitted by department, no further restoration by the custodian of forest is required under law and to direct the 4th respondent to issue permit for cutting of the wind fallen, uprooted and damaged trees standing in the property;

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(ii) To issue any writ, order or direction commanding the Respondents 1 to 3 to pass formal orders of restoration of the properties, if legally it is necessary, as stated in Ext.P12 letter of the 3rd respondent and to close

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W.P.(C).No.2524/2016

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-:2:-

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the issue regarding restoration; (iii) Any other appropriate, writ, order or direction also may be granted to meet out justice under the circumstances of the above case.”

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The petitioner submits that in the light of Ext.P7

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communication issued by the Divisional Forest Officer, Mannarkad, addressed to the Forest Conservator, only a formal permission is

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required, as the petitioner is in possession of the land.

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The learned Special Government Pleader submits that the

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Divisional Forest Officer is not the competent authority and the Custodian of Vested Forests is the competent authority to take

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appropriate action. In order to avoid further controversey in the

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matter, the second respondent shall take appropriate decision in the

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matter within three months from the date of receipt of a copy of this

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judgment. If there is no difficulty in identifying the land in question,

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W.P.(C).No.2524/2016

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-:3:-

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any request of the petitioner to cut and remove the fallen and

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decayed tree shall be considered without any delay.

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The writ petition is disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Ambujakshy v. State of Kerala

Case brief

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Ambujakshy v. State of Kerala

Case brief

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