The High Court of Kerala disposed of a writ petition seeking a direction for the 2nd respondent to consider representations submitted by the petitioner regarding possession of lands prior to 01.01.1977 and pass appropriate orders.
Directed the 2nd respondent to consider and pass orders on the representations within two months.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938
WP(C).No. 37446 of 2015 (E)
PETITIONER:
KERALA KARSHAKA SAMRAKSHANA ASSOCIATION
REPRSENTED BY ITS CHAIRMAN, N.K SIVARAMAN, REG. NO PKD/CA/262/2012 MONIES R CODE 10/35/11 PRIYADARSHINI ROAD, PALAKKAD 678 001
BY ADV. SRI.P.BABU KUMAR
RESPONDENTS:
BY ADV. GOVERNMENT PLEADER SRI.GIKKU JACOB
BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37446 of 2015 (E)
APPENDIX
PETITIONERS' EXHIBITS ----------------------EXT.P1 TRUE PHOTOCOPY OF G.O(MS) NO 655/89 DTD 31-081989 EXT.P2 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1-06-2015 EXT.P3 TRUE PHOTOCOPY OF REPRESENTTION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17-08-2015 EXT.P4 TRUE PHOTOCOPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12-11-2015 EXT.P5 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(C) NO 326/13 OF THIS HON'BLE COURT DATED 3-1-2013 EXT.P6 TRUE PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 4-7-2014 EXT.P7 TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 4-08-2015 EXT.P8 TRUE PHOTOCOPY OF REPLY ISSUED BY THE 2ND RESPONDENT DATED 4-09-2015 EXT.P9 TRUE PHOTOCOPY OF JUDGMENT IN W.P(C) NO 29012/14 OF THIS HON'BLE COURT DATED 5-112014 EXT.P10: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 12.2.2016 EXT.P11: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE ASSOCIATION. EXT.P12: TRUE COPY OF THE BYLAW OF THE ASSOCIATION. EXT.P13 TRUE COPY OF THE JUDGMENT IN OP 1846/05 DATED 4/9/15 EXT P14: TRUE COPY OF THE NOTICE. RESPONDENTS' EXHIBITS --------------------NIL
/True Copy/
P.A. to Judge
ANU SIVARAMAN, J.
= = = = = = = = = = = = = W.P.(C).No.37446 of 2015
= = = = = = = = = = = = = = Dated this the 7th day of July, 2016
JUDGMENT
W.P.(C).No.37446/15
2
In the above circumstances, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P2,P3 and P4 representations, in the light of the binding judgments, especially Ext.P13, and pass orders thereon within a period of two months from the date of receipt of a copy of this judgment.
sd/-
Anu Sivaraman, Judge
sj7/7
1 issue framed by the court
Whether the 2nd respondent is directed to consider and pass orders on the petitioners' representations regarding their claim to possess lands since before 01.01.1977.
Kerala Karshaka Samrakshana Association
Chief Forest Conservator, Eastern Circle, Olavakkode, Palakkad
District Collector, Palakkad
State of Kerala
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
