Allowed

Saleem.N v. State of Kerala

Kerala HC18 Dec 2019WP(C)/18905/2019

Case brief

AI extract

What is this about?

The Court directed State and Forest respondents to restore specific properties to three petitioners within three months. The properties were originally ordered restored in a 1978 tribunal decree but remain un-restored despite subsequent denotification of the land under the Kerala Forest Act, 2003.

What did the court decide?

Direction to restore properties to petitioners within three months from the date of the order.

Saleem.N Vs State of Kerala — Environment and Pollution | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

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WP(C).No.18905 OF 2019(K)

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PETITIONER:

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SALEEM.N AGED 30 YEARS S/O ALAVI,NAMBIYATHU HOUSE, POMBRA.P.O,KARAKURISHI VIA, PALAKKAD DISTRICT,PIN-678595.

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BY ADVS.

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SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695 001.

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2 CUSTODIAN OF VESTED FOREST AND CHIEF CONSERVATOR OF FOREST, EASTERN CIRCLE,PALAKKAD,PIN-678002.

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3 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS,VAZHUTHAKKAD, THIRUVANANTHAPURAM,PIN-695001.

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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4 DIVISIONAL FOREST OFFICER, PALAKKAD,PIN-678002.

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SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18944/2019(P), WP(C).19002/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

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WP(C).No.18944 OF 2019(P)

PETITIONER:

KUNHIYAN,

AGED 60 YEARS

S/O. MOIDU, NAMBIYATHU HOUSE, ILAMPULASSERRY AMSOM, POMBRA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-678595.

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BY ADVS.

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SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 CUSTODIAN OF VESTED FOREST AND CHIEF CONSERVATOR OF FOREST, EASTERN CIRCLE, PALAKKAD, PIN-678002.

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3 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN-695001.

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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4 DIVISIONAL FOREST OFFICER, PALAKKAD-678002.

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SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18905/2019(K), WP(C).19002/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941

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WP(C).No.19002 OF 2019(A)

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PETITIONER:

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N.MUHAMMED @ KUNJIPPA, AGED 80 YEARS S/O.KUNHAIMU, NAMBIYATHU HOUSE, POMBRA P.O., KARAKURISHI VIA, PALAKKAD DISTRICT,

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PIN- 678595.

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BY ADVS.

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SRI.M.P.MADHAVANKUTTY SRI.NAVEEN RADHAKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.

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2 CUSTODIAN OF VESTED FOREST AND CHIEF CONSERVATOR OF FOREST, EASTERN CIRCLE, PALAKKAD, PIN- 678002.

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3 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN- 695001.

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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4 DIVISIONAL FOREST OFFICER, PALAKKAD, PIN- 678002.

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SRI. SADHESH RAJA, SPL. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, ALONG WITH WP(C).18905/2019(K), WP(C).18944/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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J U D G M E N T

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In terms of Ext.P1 order of the Forest Tribunal,

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Palakkad, which is common in all the writ petitions, the petitioners are entitled to restoration of the properties referred to therein. It is seen that the properties were, however, not restored since they were notified as ecologically fragile lands, in terms of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (the Act). It is also seen that the petitioners have moved applications thereupon under Section 19(3)(b) of the Act and the same were allowed and the properties were denotified. The grievance of the petitioners is that despite all these, the properties are not restored in terms of Ext.P1 order. The petitioners, therefore, seek appropriate directions in this regard in the writ petitions.

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2 . The learned Special Government Pleader submits, on instructions, that the process to restore the properties to the petitioners have already been initiated and the same will be completed soon.

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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3. Having regard to the fact that Ext.P1 is an order

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passed as early as in the year 1978, I deem it appropriate to

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direct the respondents concerned to restore the properties to

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the petitioners within three months from today. Ordered accordingly.

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The writ petitions are disposed of as above.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C)Nos.18905, 18944 and 19002 of 2019

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APPENDIX OF WP(C) 18905/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 24.04.1978 IN O.A.NO.259/1975, O.A.NO.278/1975, O.A.NO.352/1975.

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EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07.03.2011 BEARING NO.EFL.6-356/2006

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.05.2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

W.P.(C)Nos.18905, 18944 and 19002 of 2019

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APPENDIX OF WP(C) 18944/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 24/04/1978 IN OS NO.259/1975, O.A. NO.278/1975 AND OA NO.352/1975.

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EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07/03/2011 BEARING NO.EFL. 6-356/2006.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21/05/2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

W.P.(C)Nos.18905, 18944 and 19002 of 2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 8TRUE COPY OF THE COMMON ORDER DATED 24.04.1978 IN O.A.NO.259/1975, O.A.NO.278/1975 AND O.A.NO.352/1975.

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EXHIBIT P2 TRUE COPY OF THE ORDER OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND DATED 07.03.2011 BEARING NO.EFL.6-356/2006.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.05.2019 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER FOR RESTORING THE PROPERTY.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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Saleem.N v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saleem.N v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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