Dismissed

The State of Kerala v. Ramesan

Kerala HC3 Mar 2017RP/173/2017

Case brief

AI extract

What is this about?

In a review petition filed by the State challenging an earlier judgment regarding land and forest orders, the court dismissed the petition. The court noted that while a counter affidavit filed in the writ petition was initially defective for use in review, it was allowed on record. No factual新发展 supported the need for review. The court dismissed the application without costs.

What did the court decide?

Review petition dismissed without costs; judgment reviewed remains in force.

The State of Kerala Vs Ramesan — Land Acquisition | Kerala HC (2017)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938

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RP.No. 173 of 2017 (H)

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----------------------

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REVIEW PETITIONER(S)/REVIEW PETITIONERS/RESPONDENTS 1-5 IN WP(C):

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1. THE STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT,

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SECRETARIAT, TRIVANDRUM-695001.

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2. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT.

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3. THE FOREST RANGE OFFICER,

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ALATHUR, PALAKKAD DISTRICT.

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4. THE DISTRICT COLLECTOR, PALAKKAD.

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5. THE TAHSILDAR, TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT.

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BY ADV. GOVERNMENT PLEADER SMT. MABLE C. KURIAN

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RESPONDENT(S)/RESPONDENTS/PETITIONERS IN WP(C):

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1. RAMESAN,

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S/O.PAZHANANKUTTY, KOTHODUKALAM, VEMVALLOOR P.O., THENKURUSSY-II VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.

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2. M/S.SAKTHI AGGREGATES PVT. LTD., VEMBALLOOR, THEMKURUSSY, PALAKKAD, REP. BY ONE OF ITS DIRECTOR, SHRI.RAJESH KUMAR V.R., S/O.RAVEENDRAN PILLAI.

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BY SRI.K.MOHANAKANNAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DEVAN RAMACHANDRAN, J.

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============================== R.P.No.173 of 2017

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W.P.(C).No.20861 of 2007

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============================== Dated this, the 03^rd day of March, 2017.

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O R D E R

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This review has been filed by the State on the

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ground that certain factual details relating to the case had not been brought on record since they have omitted to file a counter affidavit among the pleadings.

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I see that they have filed an affidavit purporting to be a counter affidavit in the writ petition along with this review. This has been marked to be defective by the Registry probably because, the attempt to produce a counter affidavit in the writ petition in a review cannot be generally approved. However, to obtain substantial justice to all the parties, I deem it appropriate that the counter affidavit be placed on record of this review petition.

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I have examined the counter affidavit in great detail. However, I am afraid that nothing that has been

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R.P.No.173 of 2017 in W.P.(C).No.20861 of 2007 : 2 :

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stated in the said affidavit has been able to sway my opinion earlier that Ext.P10 order is an attempt to destroy the substratum of the orders of the Land Tribunal and Forest Tribunal. I do not think that my judgment, that is sought to be reviewed, would be to the prejudice to the State, because, I have granted liberty to the State to proceed under the provisions of EFL Act, notwithstanding anything stated in the judgment.

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I do not think that this application can have any locus for the relief that the judgment, sought to be reviewed, requires to be so. For these reasons, I dismiss the review petition without costs.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE.

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Bb/13/03/2017

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[True copy]

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P.A to Judge

The State of Kerala v. Ramesan

Case brief

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What did the court decide?

The State of Kerala v. Ramesan

Case brief

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What did the court decide?

What the court decided

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