Disposes of a writ petition seeking direction to reconsider a matter under the Kerala Forests Act, deferring the decision pending the outcome of a state appeal filed against the impugned Tribunal judgment.
WP disposed with liberty to approach Court again if Respondent fails to pass orders subject to outcome of stay appeal.
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
THURSDAY, THE 20TH DAY OF JULY 2017/29TH ASHADHA, 1939
WP(C).No. 14064 of 2012 (G) ----------------------------
PETITIONER:
V.MUHAMMED NISSAR, MANAGING PARTNER, VELLAMUNDA STONE CRUSHER, MANGALASSERY ESTATE, VELLAMUNDA P.O., MANANTHAVADY, WAYANAD DISTRICT.
BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SMT.SMITHA GEORGE
RESPONDENTS:
1. GOVERNMENT OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN GOVERNMENT (THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.
R2 BY ADV. GOVERNMENT PLEADER R1 BY ADV. SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST DEPARTMENT R1 & 2 BY ADV. SRI.SANDESH RAJA.K., SPL. G.P. (FOREST) R BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FORE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14064 of 2012 (G)
APPENDIX
PETITIONER EXHIBITS:
| EXHIBIT | P1 | TRUE COPY NO.9/2008 KOZHIKODE |
OF THE PASSED |
ORDER DATED 30.11.2011 IN O.A BY THE TRIBUNAL FOR EFL CASES, |
|---|---|---|---|---|
| EXHIBIT | P2 | TRUE COPY SUBMITTED |
OF THE BY THE |
REPRESENTATION DATED 14.6.2012 PETITIONER BEFORE R2 |
| EXHIBIT | P3 | TRUE COPY | OF ORDE | R OF COMMUNICATION NO.EFL3- |
| 108/2009 D | ATED 14 | .6.2012 BY R2 |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bng
A.MUHAMED MUSTAQUE, J.
=========================
W.P.(C).No.14064/2012
Dated this the 20th day of July, 2017
J U D G M E N T
The petitioner approached this Court seeking a direction to the second respondent to pass orders pursuant to Exhibit-P1 judgment of the Tribunal for EFL cases. By the said judgment, the second respondent was directed to reconsider the matter after complying the formalities under Section 3(2) of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003. It is to be noted that the state has filed an appeal against Exhibit-P1 judgment before this Court as M.F.A.No.103/2012. In such circumstances, it is appropriate to await the outcome of that appeal for the second respondent to pass any orders. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach this Court again in case the second respondent fails to pass any orders, subject to the outcome of the appeal against Exhibit-P1 judgment. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether the writ petition should be disposed of or deferred pending the outcome of the stay appeal filed by the State.
1 provisions across 1 enactments
V.MUHAMMED NISSAR
GOVERNMENT OF KERALA
THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN GOVERNMENT
A.MUHMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
