Disposed

M.a.Fafeek v. State of Kerala

Kerala HC20 Jul 2017WP(C)/854/2011

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to respondents not to interfere with petitioner's estate enjoyment under Kerala Forest Act, 2003. Court noted no notification was issued and proposal pending with second respondent. Petitioner allowed to challenge future actions if notification issued. Petition disposed.

What did the court decide?

Writ petition disposed; petitioner free to challenge future action if notification issued; no costs.

M.a.Fafeek Vs State of Kerala — 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 A.MUHAMED MUSTAQUE THURSDAY, THE 20TH DAY OF JULY 2017/29TH ASHADHA, 1939 WP(C).No. 854 of 2011 (F) --------------------------

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PETITIONER: -----------

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M.A.FAFEEK, S/O.M.ABDUL KAHDER, AGED 45 YEARS, KURUVANPARAMBIL HOUSE, MATTAKOMPANAL, KONDOOR KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTATYAM DISTRICT.

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BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER

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RESPONDENTS:

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1. STATE OF KERALA TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD, LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND CHIEF CONSERVATOR OF FORESTS, (ADMN.), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14.

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3. THE DIVISIONAL FOREST OFFICER, KOTTAYAM - 686 001.

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4. THE FOREST RANGE OFFICER, ERUMELY, KOTTAYAM DISTRICT - 686 509.

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5. THE VILLAGE OFFICER, VAGAMON VILLAGE, IDUKKI DISTRICT, PIN - 685 503.

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6. THE VILLAGE OFFICER, TEEKOY VILLAGE, TEEKOY.P.O, ERATTUPETTA VIA, KOTTAYAM DISTRICT, PIN - 686 580. R1 -R 6 BY SPECIAL GOVERNMENT PLEADER SRI.SANDESH RAJA.K.,(FOREST) BY SRI.M.P.PRAKASH,SPL.GP FOR FOREST

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 854 of 2011 (F)

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APPENDIX

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PETITIONER EXHIBITS:

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EXHIBIT	P1	TRUE COPY OF THE PARTNERSHIP DEED DATED 1.4.1985 OF THE SUB REGISTRY, ERATTUPETTA
EXHIBIT	P2	TRUE COPY OF THE GENERAL POWER OF ATTORNEY BEARING DOCUMENT NO.77/2001 DATED 216.7.2001 OF THE SUB REGISTRY, ERATTUPETTA
EXHIBIT	P3	TRUE COPY OF THE TAX RECEIPT NO.25 OF BOOK NO.1283/2001 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT
EXHIBIT	P4	TRUE COPY OF THE TAX RECEIPT NO.2766237 OF BOOK NO.27663 DATED 16.11.2010 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT
EXHIBIT	P5	TRUE COPY OF THE TAX RECEIPT NO.5201803 OF BOOK NO.C 52019 DATED 16.11.2010 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT
EXHIBIT	P6	TRUE COPY OF THE TAX RECEIPT NO.5201804 OF BOOK NO.C 52019 DATED 16.11.2010 ISSUED FORM THE OFFICE OF THE 5TH RESPONDENT
EXHIBIT	P7	TRUE COPIES OF THE POSSESSION CERTIFICATE NOS.50 AND 51/11 DATED 6.1.2011 ISSUED BY THE 5TH RESPONDENT
EXHIBIT	P8	TRUE COPY OF THE POSSESSION CERTIFICATE NO.12/2011 DATED 4.1.2011 ISSUED BY THE 6TH RESPONDENT
EXHIBIT	P9	TRUE COPY OF THE APPLICATION DATED 15.12.2010 SUBMITTED BEFORE THE 5TH RESPONDENT
EXHIBIT	P10	TRUE COPY OF THE PROCEEDING NO.22/2010 DATRED 12/2010 OF THE STATE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 5TH RESPONDENT
EXHIBIT	P11	TRUE COPY OF THE REPRESENTATION DATED 17.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 1 TO 4.
RESPONDENT	S EXHI	BITS:

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EXHIBIT R1(A)	PHOTOGRAPHS SHOWING THE NATURE OF LAND'
EXHIBIT R1(B)	COPY OF THE LETTER DATED 13.11.2010
EXHIBIT R1(C)	COPY OF THE SAMPLE PLOT ANALYSIS

//TRUE COPY//

PA TO JUDGE

bng

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P.(C).No.854/2011

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Dated this the 20^th day of July, 2017

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J U D G M E N T

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This writ petition was filed in the year 2011 seeking a direction to the respondents not to interfere with the free enjoyment of the estate, involved in Exts.P1 to P9 proceedings, by the petitioners, invoking the provisions of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (21 of 2005). It is submitted by the learned Special Government Pleader that no notification has been issued under the Act 21 of 2005 and a proposal is pending before the second respondent. That submission is recorded. The petitioner is free to challenge any action of the respondents, if any notification is issued under the Act 21 of 2005.

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The writ petition is disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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M.a.Fafeek v. State of Kerala

Case brief

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M.a.Fafeek v. State of Kerala

Case brief

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