Petitioners challenged delay in restoring forest land based on Tribunal orders. Respondent assured completion within six months, leading to disposal of the writ petitions.
Disposal of writ petitions upon respondent's undertaking to complete land restoration within six 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 MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937
WP(C).No. 792 of 2016 (Y)
PETITIONER(S):
1. VELLAKUTTY, S/O.LATE NAGUNNI, AGED 69 YEARS,
KARINJAMTHODU VEEDU, CHIMBUKADU P.O., KUTHANOOR, PALAKKAD DISTRICT.
2. DEVADAS,
3. PARAMESWARAN, S/O.LATE NAGUNNI, AGED 57 YEARS,
KARINJAMTHODU VEEDU, CHIMBUKADU P.O., KUTHANOOR, PALAKKAD DISTRICT.
4. SHEELA,
5. VIKAS,
6. VIVEK,
BY ADVS.SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.K.J.ANITHA
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2/-
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-2-
WP(C).NO.792/2016
2. THE CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, OALAVAKKODE,
PALAKKAD. PIN-678 101
3. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, NENMARA,
PALAKKAD DISITRICT.
BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2016, ALONG WITH WPC.NO. 836 OF 2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 792 of 2016 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1. | TRUE COPY OF THE COMMON ORDER DATED 12/8/1977 IN OA NO.778/75 AND 792/75 OF FOREST TRIBUNAL, PALAKKAD |
|---|---|
| EXT.P2. | TRUE COPY OF THE DEATH CERTIFICATE OF NAGUNNI. |
| EXT.P3. | TRUE COPY OF THE DEATH CERTIFICATE OF KARTHYAYANI. |
| EXT.P4. | TRUE COPY OF THE DEATH CERTIFICATE OF VASU. |
| EXT.P5. | TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE OF NAGUNNI |
| EXT.P6. | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 28/6/2015. |
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
W.P.(C).Nos.792/2016 & 836/2016
Dated this the 1st Day of February, 2016
J U D G M E N T
The petitioner has approached this Court on account of the
delay in restoring the land pursuant to the final common order of the
Forest Tribunal in O.A.Nos.778/1975 and 792/1975 as well as the final
common order in O.A.No.126/1979 and 127/1979.
for the Forest Department that they would complete the exercise
within six months.
disposed of. Needful shall be done within six months. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
VELLAKUTTY AND OTHERS
THE STATE OF KERALA
THE CUSTODIAN OF VESTED FORESTS
THE FOREST RANGE OFFICER, NENMARA
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
