Disposed

Rajam v. State of Kerala

Kerala HC1 Feb 2016WP(C)/436/2016

Case brief

AI extract

What is this about?

In a writ petition challenging delay in restoring land by the Forest Department, the Court ordered that if an appeal is not filed within four months without obtaining a stay, the petioners shall be entitled to restoration of the land within two more months.

What did the court decide?

Direction that if appeal is not filed within four months without stay, land to be restored within further two months.

Rajam Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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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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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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WP(C).No. 436 of 2016 (D)

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PETITIONER:

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RAJAM, W/O.A.V.SUBRAMANYA IYER, AGED 80 YEARS, MELEMADAM, ERAMANGALAM, NOCHULLY, KUZHALMANNAM, ALATHUR TALUK, PALAKKAD.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENTS:

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1. STATE OF KERALA, REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS, SECRETARIAT,

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THIRUVANANTHAPURAM, PIN -695 001

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2. THE CUSTODIAN OF ECOLOGICAL FRAGILE LAND AND CCF(ECO & WL), THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN- 695 014

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3. THE DIVISIONAL FOREST OFFICER, PALAKKAD, PALAKKAD DISTRICT -678 001

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BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 436 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:A TRUE COPY OF THE ORDER OF THE FOREST TRIBUNAL, KOZHIKODE IN O.A.170/1980 DTD MAY 9, 1995

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P2:A TRUE COPY OF THE ORDER OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) TRIBUNAL, PALAKKAD DATD JANUARY 31, 2015 IN OA NUMBER 12/2011

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P3:A TRUE COPY OF THE REPRESENTATION DTD 25/3/2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No. 436 of 2016

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==================

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Dated this the 1^st day of February, 2016

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J U D G M E N T

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The petitioner approached this Court on account of delay in restoring the land pursuant to Judgment of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad in O.A No.12/2011.

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The learned Forest Government Pleader would submit that the department is intending to prefer an appeal as against the above judgment and therefore the land cannot be restored to the petitioner.

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This Court is of the view that if the department fails to

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file an appeal within four months and fails to obtain stay, the land referred in Ext.P2 judgment shall be restored to the petitioner within further period of two months.

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The writ petition is disposed of, as above.

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sab A.MUHAMED MUSTAQUE, JUDGE

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: 2 :-

Rajam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajam v. State of Kerala

Case brief

What is this about?

What did the court decide?

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