Petitioners filed this writ petition seeking permission to remove cut trees and directions to the Forest Department. The Court closed the petition as the subject matter was no longer live, leaving questions open for future proceedings.
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 SHAJI P.CHALY
WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939
WP(C).No. 32369 of 2017 (U)
PETITIONERS:
1. KAMALASANAN V., CHENGARA MANGALATHU CHOORAVELIL 129, KOKKATHODU P.O., PATHANAMTHITTA.
2. VIJAYAMMA, CHENGARA MANGALATHU CHOORAVELIL 129, KOKKATHODUU P.O., PATHANAMTHITTA.
BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD
RESPONDENTS:
1. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, KONNI, PATHANAMTHITTA 689691.
2. THE DEPUTY FOREST RANGE OFFICER KARIPPAMTHODU, PATHANAMTHITTA 689691.
BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 32369 of 2017 (U)
APPENDIX
| PETITION -------- |
ER(S)' ------ |
EXHIBITS --------- |
|---|---|---|
| EXHIBIT | P1 | TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE SECOND PETITIONER DATED 08.10.1987 |
| EXHIBIT | P2 | TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE FIRST PETITIONER DATED 09.10.1987 |
| EXHIBIT | P3 | TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARUVIPALAM VILLAGE ISSUED IN FAVOUR OF TEH FIRST PETITIONER DATED 15.02.2010 |
| EXHIBIT | P4 | TRUE COPY OF THE TAX RECEIPT DATED 07.06.2016 IN FAVOUR OF THE SECOND PETITIONER ISSUED BY THE VILLAGE OFFICER, ARUPILAM VILLAGE |
| EXHIBIT | P5 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE SECOND PETITIONER DATED 28.07.2017 |
| EXHIBIT | P6 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE SECOND PETITIONER DATED 28.07.2017 |
| EXHIBIT | P7 | TRUE COPY OF THE CIRCULAR ISSUED GOVERNMENT DATED 02.01.2010 |
| EXHIBIT | P8 | TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 25.08.2017 |
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
SHAJI P. CHALY, J.
W.P.(C) No.32369 of 2017
----------------------------------------------Dated this the 13th day of December, 2017
J U D G M E N T
This writ petition is filed by the petitioner seeking the following reliefs:
respect of the alleged act of the respondents in not allowing the petitioners to remove the trees fell from the property of the petitioners. An interim order was passed by this court directing the petitioners not to remove the
W.P.(C) No.32369 of 2017 2
trees cut from the property. According to the petitioners, trees are now cut and kept in the property. Therefore, petitioners are not intending to press the writ petition.
Accordingly, the writ petition is closed. Learned counsel for petitioner seeks to leave open the liberty of the petitioners to claim any damages from the respondents. This is recorded and all questions of law and facts raised in the writ petition are left open, to be agitated in any properly constituted proceedings.
Sd/- SHAJI P. CHALY JUDGE
smv 13.12.2017
Kamalasanan V.
Vijayamma
The Divisional Forest Officer, Konni
The Deputy Forest Range Officer Karippamthodu
Shaji P. Chaly
As recorded by the court registry
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