With regards to a writ petition seeking challenge to forest department proceedings, the court closed the petition as subsequent notifications rendered reliefs redundant, granting liberty to challenge new notifications regarding pathway usage.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 6TH DAY OF MARCH 2017/15TH PHALGUNA, 1938
WP(C).No. 659 of 2008 (C)
PETITIONER(S):
M/S. INTEGRATED ECO RESORTS AND FARMS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 WITH ITS REGISTERED OFFICE AT, K.K. BUILDINGS, KUMARAPURAM, MEDICAL COLLEGE P.O., TRIVANDRUM- 695 011.
BY ADV. SRI.S.SREEKUMAR.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE (F) DEPARTMENT, TRIVANDRUM.
2. THE WILD LIFE WARDEN, WAYANAD WILD LIFE DIVISION, SULTHAN BATHERI, WAYANAD.
3. THE ASSISTANT WILD LIFE WARDEN, THOLPETTY RANGE, MANANTHAVADY, WAYANAD.
4. THE DISTRICT COLLECTOR, WAYANAD.
BY GOVT. PLEADER SMT.MABLE C.KURIAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 659 of 2008 (C)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
DEVAN RAMACHANDRAN, J.
WP(C) No.659 of 2008
Dated this the 6th day of March, 2017
JUDGMENT
The petitioner says that there are certain subsequent notifications, which have been issued pending this writ petition, which now render the reliefs sought for in this writ petition virtually redundant. He, therefore, prays that the petitioner may be given the liberty to challenge the subsequent notifications and that with such liberty, this writ petition can be closed.
In such circumstances, I close this writ petition, however granting liberty to the petitioner to challenge the subsequent notifications relating his right to use of the pathway through the forest land, invoking such jurisdiction as may be entitled to him under the applicable Laws, Rules and Regulations.
Sd/-
DEVAN RAMACHANDRAN, JUDGE.
//True Copy//
P.A. to Judge
sp/07/03/17
1 issue framed by the court
Whether the writ petitioners should be given liberty to challenge subsequent notifications before closing the writ petition.
M/S. INTEGRATED ECO RESORTS AND FARMS PVT. LTD.
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE (F) DEPARTMENT, TRIVANDRUM
THE WILD LIFE WARDEN, WAYANAD WILD LIFE DIVISION
THE ASSISTANT WILD LIFE WARDEN, THOLPETTY RANGE
THE DISTRICT COLLECTOR, WAYANAD
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
