Dismissed

Chunayan Makkan Joseph v. the District Collector, Kannur

Kerala HC6 Oct 2017RSA/821/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the second appeals, agreeing that the civil court lacks jurisdiction per Section 13 of the Kerala Private Forests Act, noting the correct remedy is before the Forest Tribunal under Section 8 of the Act.

What did the court decide?

Both Second Appeals were dismissed with directions to approach the Forest Tribunal if jurisdiction under Section 8 applies.

Chunayan Makkan Joseph Vs the District Collector, Kannur — 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 B.KEMAL PASHA

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FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939

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RSA.No. 821 of 2017 (F)

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AGAINST THE JUDGMENT AND DECREE DATED 11-04-2017 IN AS 72/2009 of SUB COURT, PAYYANNUR

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AGAINST THE JUDGMENT AND DECREE DATED 20-02-2009 IN OS 3/2005 of MUNSIFF COURT, THALIPARAMBA

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APPELLANT/RESPONDENT/PLAINTIFF:

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CHUNAYAN MAKKAN JOSEPH, S/O.CHANDI, AGED 68 YEARS, NADUVIL AMSOM AND DESOM, KUDIYANMALA, TALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADVS.SRI.MAHESH V RAMAKRISHNAN SRI.M.P.MADHAVANKUTTY

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RESPONDENTS/APPELLANTS/DEFENDANTS:

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1. THE DISTRICT COLLECTOR, KANNUR-670001.

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2. THE DIVISIONAL FOREST OFFICER, KANNUR-670001.

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3. THE RANGE OFFICER, KARAMARAMTHATTU SECTION, P.O.KARUVANCHAL, KANNUR-670571.

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BY SPECIAL GOVERNMENT PLEADER SRI.SANDESH RAJA FOR FOREST BY SPECIAL GOVERNMENT PLEADER SRI.NAGARAJ NARAYANAN FOR

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FOREST

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THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06-10-2017, ALONG WITH RSA. 822/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/-

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B. KEMAL PASHA, J.

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................................................................ R.S.A. Nos. 821 & 822 of 2017

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............................................................... Dated this the 6^th day of October, 2017

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J U D G M E N T

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Heard the learned counsel for the appellant and the learned Special Government Pleader for Forest.

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Both sides agree that there is bar of jurisdiction of

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the civil court in this matter as per Section 13 of the Kerala Private Forests(Vesting and Assignment) Act, 1971. The course open to the appellant plaintiff is to approach the Forest Tribunal for appropriate orders under Section 8 of the Act. All other questions in the matter are left open. All those questions have to be decided by the Forest Tribunal in case it has jurisdiction to invoke Section 8 of the Act. It is made clear that this Court has not expressed anything regarding

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R.S.A. Nos. 821 & 822 of 2017

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-: 2 :-

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the maintainability of such proceedings, if any, before the Forest Tribunal also.

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In the result, both these Second Appeals are

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dismissed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

Chunayan Makkan Joseph v. the District Collector, Kannur

Case brief

What is this about?

What did the court decide?

Chunayan Makkan Joseph v. the District Collector, Kannur

Case brief

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What did the court decide?

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