The Court observed that the petitioner has an alternative remedy via the Tribunal. It directed the petitioner to file an application in the Tribunal within two weeks if approached, after which the writ petition was disposed of.
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
WEDNESDAY, THE 19TH DAY OF JULY 2017/28TH ASHADHA, 1939
WP(C).No. 23854 of 2017 (F)
PETITIONER:
SAMEENA AMBALAPARAMBIL, AMBALAPARAMBIL HOUSE, KUNNAMANGALAM AMSOM, DESOM, KOZHIKODE, PIN - 673 571.
BY ADV. SRI.P.M.POULOSE
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. CUSTODIAN AND CONSERVATOR OF FORESTS, VESTED FORESTS, OLAVAKODE CIRCLE- 678 731.
3. THE CHIEF CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, PALAKKAD - 678 001.
4. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD, KALPETTA, WAYANAD DISTRICT - 673 121.
5. THE RANGE FOREST OFFICER, MEPPADY RANGE, WAYANAD DISTRICT - 673 121.
BY SPECIAL GOVERNMENT PLEADER SRI.SANDESH RAJA.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 23854 of 2017 (F)
APPENDIX
| PETITIO | **NERS’ ** | EXHIBITS: | |
|---|---|---|---|
| EXHIBIT | P1: | TRUE COPY OF THE S.R.O KALPETTA DA |
REGISTERED DOCUMENT NO.901 OF TED 11.04.2016. |
| EXHIBIT | P2: | TRUE COPY OF THE DATED 17.9.2016. |
ERRATUM NOTIFICATION |
| EXHIBIT | P3: | TRUE COPY OF THE (BTR) NO.398/2015 |
BASIC TAX REGISTER /MISC OF VELLARIMALA VILLAGE. |
| EXHIBIT | P4: | TRUE COPY OF THE DATED 28.01.2010 VELLARIMALA VILLA |
LETTER NO.RTI 1/2010 ISSUED BY VILLAGE OFFICER, GE. |
| EXHIBIT | P5: | TRUE COPY OF THE FIXED BY THE DEPA GOVERNMENT OF KER |
RELEVANT PAGE OF FAIR VALUE RTMENT OF REGISTRATION, ALA. |
| EXHIBIT | P6: | TRUE COPY OF THE | SKETCH. |
| EXHIBIT | P7: | TRUE COPY OF THE DEPARTMENT PREPAR WAYANAD DIVISION VESTING ACT AND W RESERVATION AND A LAND IS NOT INCLU |
LIST OF LAND ISSUED BY FOREST ED VESTED IN GOVERNMENT IN UPON COMING INTO FORCE OF THE HICH WERE RECOMMENDED FOR SSIGNMENT IN WHICH PETITIONER'S DED. |
| EXHIBIT | P8: | TRUE COPY OF THE DATED 16.5.2013 A INFORMATION COMMI CHIEF FOREST CONS |
LETTER NO.D-303/13 DDRESSED TO THE STATE SSIONER BY ADDITIONAL PRINCIPAL ERVATOR. |
| EXHIBIT | P9: | TRUE COPY OF THE DATED 5.7.2016 PR INSPECTOR GENERAL |
REPORT NO.G.R.C.4-15364/2016 EPARED BY REGISTRATION DEPUTY . |
| EXHIBIT | P10: | TRUE COPY OF THE DATED 19.12.2015 NELLIYATHARA ABOO |
LAND TAX RECEIPT ISSUED TO BACKER. |
| EXHIBIT | P11: | TRUE COPY OF THE DATED 26.3.2016 I NELLIYATHARA ABOO |
LAND TAX RECEIPT SSUED TO BACKER. |
| RESPOND | **ENTS' ** | EXHIBITS : |
NIL. |
| //TRUE COPY// P.S. TO JUDGE |
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A.MUHAMED MUSTAQUE, J.
********************************************************************** W.P.(C) No.23854 of 2017
********************************************************************** Dated this the 19th day of July, 2017
JUDGMENT
The petitioner has approached this Court challenging Ext.P2 notification dated 17.9.2016 issued by the Chief Conservator of Forests and Custodian of Vested Forests, Palakkad under the Kerala Private Forest (Vesting and Assignment) Act and Rules. The petitioner has an alternative remedy. The petitioner explains the reasons for the delay in approaching the Tribunal.
Having considered the above, this Court is of the view that if the petitioner approaches the Tribunal within two weeks from the date of receipt of a copy of this judgment, the Tribunal shall entertain the application as it is filed in time. The petitioner is at liberty to raise all issues before the Tribunal.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the petitioner was entitled to quash the notification despite having an alternative remedy.
1 provisions across 1 enactments
SAMEENA AMBALAPARAMBIL
STATE OF KERALA
CUSTODIAN AND CONSERVATOR OF FORESTS
THE CHIEF CONSERVATOR OF FORESTS
DIVISIONAL FOREST OFFICER
RANGE FOREST OFFICER
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
