Karuparambil Muhammed v. the Divisional Forest Officer
Case brief
What is this about?
The Court disposed of two writ petitions claiming title over land and right of way against a Forest Department notification. It refused to adjudicate facts, directing petitioners to approach the competent Forest Tribunal within one month while maintaining status quo.
What did the court decide?
Petitioners permitted to approach competent Forest Tribunal within one month; status quo maintained on boundary stones; Forest Department directed not to obstruct right of way.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
WP(C).No. 9204 of 2007
PETITIONER:
KARUPARAMBIL MUHAMMED,
S/O.KARUPARAMBIL ALAVI, P.O.PULLENGODE, (VIA) KALIKAVU,, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADV.SRI.R.RAJESH KORMATH
RESPONDENT(S):
1. THE DIVISIONAL FOREST OFFICER, NILAMBUR MALAPPURAM DISTRICT.
2. THE VILLAGE OFFICER, CHOKKAD, MALAPPURAM DISTRICT.
Issues for consideration
3 issues framed by the court
Whether this Court can entertain the disputed claims regarding title and right of way while a notification under the Act, 1971 remains in force.
Whether the petitioners must approach the competent Forest Tribunal to resolve their claims regarding the notification.
Whether the Forest Department can maintain status quo regarding boundary stones installation pending Tribunal proceedings.
Parties & counsel
- petitioner
KARUPARAMBIL MUHAMMED
- respondent
THE DIVISIONAL FOREST OFFICER, NILAMBUR
- respondent
THE STATE OF KERALA
- respondent
KARUPARAMBIL PATHUMMA
Coram
Case details
As recorded by the court registry
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