Disposed

Annie John v. the State of Kerala

Kerala HC18 Nov 2019WP(C)/19080/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking a direction to the Government to consider a representation filed by the petitioners before introducing any amendment to the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, as proposed in an earlier order.

What did the court decide?

Direction to the Government to consider the petitioners' representation before introducing any amendment to the Act as proposed.

Annie John Vs the State of Kerala — Writ and Judicial Review | 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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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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WP(C).No.19080 OF 2019(H)

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PETITIONERS:

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1 ANNIE JOHN AGED 67, W/O. JOHN VICTOR, RESIDING AT PAZHATHOTTAM,PAZHATHOTTAM P.O., KOVILOOR, PIN685 615

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2 PADMINI VIJAYAKUMAR, AGED 68, W/O. VIJAYAKUMAR, RESIDING AT PAZHATHOTTAM,PAZHATHOTTAM P.O., KOVILOOR, PIN-685 615

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3 C.I.ABDUL SAMAD, AGED 53, S/O. C.M.IBRAHIM MOULAVI, RESIDING AT KNP BUILDING, ORRKKAD, KOVILOOR, PIN-685 615

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4 LAKSHMANAN AGED 52, S/O. MEENAKSHI SUNDARAM, RESIDING AT KOTTAKAMBOOR, KOTTAKAMBOOR P.O.,PIN-685 615

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5 MUTHUSWAMY, AGED 58,S/O. MARIMUTHU, RESIDING AT GUHANATHAPURAM, GUHANATHAPURAM P.O.,PIN-685 620

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6 M.BALAMURUGAN, AGED 37, S/O. MUNIYANDI, RESIDING AT GUHANATHAPURAM, GUHANATHAPURAM P.O.,PIN-685 620

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7 B.MANIKANDAN, AGED 51,S/O. BATHSAMY, RESIDING AT SUDHAKAR ILLAM ,NACHIVAYAL, MARAYOOR, PIN-685 620

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8 T.A.BABU,

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W.P.(C)No.19080 of 2019

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AGED 46, S/O. ANTONY, RESIDING AT THALAKOKOTTU CHALIL, KEZHANTHOOR GRAMAM, KANTHALOOR P.O., PIN-685 620

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9 K.K.BALAN, AGED 46, S/O. KRISHNANKUTTY, RESIDING AT KORADIYIL HOUSE, KANTHALLOOR ,PIN-685 620

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10 M.P.RAJAN, AGED 57, S/O. PAPPA,RESIDING AT MANIPPALIKKUNNEL, ADIMALI , ADIMALI P.O., PIN-685 561.

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BY ADV. SRI.BABU PAUL

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

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2 DEPARTMENT OF REVENUE OF STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM,PIN-695 001

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3 ADDL. R3 DEPARTMENT OF FOREST, REPRESENTED BY THE SECRETARY, FOREST DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

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ADDL.R3 IS IMPLEADED AS PER ORDER DATED 02-082019 IN IA NO.1/19.

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SRI. SANDESH RAJA, SPL. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.19080 of 2019

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J U D G M E N T

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The grievance of the petitioners in the writ petition concerns the amendment proposed to the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 ( the Act) in terms of Ext.P5 order. It is conceded by the petitioners that the Act is yet to be amended as proposed. The case set out by the petitioners is that Ext.P5 order has been issued without taking note of all the relevant aspects and the petitioners have therefore preferred a detailed representation to the Government. Ext.P6 is the representation addressed by the petitioners to the Government. The limited prayer made by the learned counsel for the petitioners, in the circumstances, is for a direction to the Government to consider Ext.P6 also before introducing any amendment to the statute referred to above.

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Having regard to the facts and circumstances of the case and the limited submission made by the learned counsel

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W.P.(C)No.19080 of 2019

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for the petitioners, I deem it appropriate to dispose the writ petition directing the competent authority of the Government to consider the grievance voiced by the petitioners in Ext.P6 representation also, before any amendment is introduced to the Act as proposed in Ext.P5 order. Ordered accordingly.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C)No.19080 of 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF ADDL. CHIEF	THE LETTER DATED 12/8/2010 SECRETARY TO THE GOVERNMENT
EXHIBIT	P2 TRUE COPY OF 19/8/2010 OF	THE PROCEEDINGS DATED THE R.D.O.DEVIKULAM
EXHIBIT	P3 TRUE COPY OF NO.3897/2011	THE INTERIM ORDER IN W.P(C) DATED 28/7/2011
EXHIBIT	P4 TRUE COPY OF THE GOVERNME	THE ORDER DATED 16/2/2015 OF NT OF KERALA
EXHIBIT	P5 TRUE COPY OF RESPONDENT D	THE ORDER ISSUED BY THE 1ST T 10/5/2018
EXHIBIT	P6 TRUE COPY OF 20/4/2019	REPRESENTATION DATED
EXHIBIT	P7 TRUE COPY OF	THE REMINDER DATED 2/7/2019
EXHIBIT	P8 TRUE COPY OF APPLICATION PETITIONER U	THE TRUE COPY OF THE SUBMITTED BY THE 3RD NDER THE RTI ACT
EXHIBIT	P9 TRUE COPY OF	THE REPLY DATED 30/1/2019

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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Annie John v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Annie John v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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