Allowed

Samson Varghese v. State of Kerala

Kerala HC1 Dec 2020WP(C)/21572/2020

Case brief

AI extract

What is this about?

On petitioners' writ petition to permit cutting old rubber trees and replanting despite pending appeals against a prior judgment granting permission, the court allowed the activities after intimation to Forest Officials and capped the area to original extent, disposing of the petition by consent.

What did the court decide?

Petitioners allowed to cut/remove and replant trees after intimation to Forest Officials, subject to pending appeals/review and original area limits.

Samson Varghese Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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WP(C).No.21572 OF 2020(V)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942

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WP(C).No.21572 OF 2020(V)

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PETITIONER/S:

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1 SAMSON VARGHESE AGED 45 YEARS S/O VARGHESE, AINIKKAL HOUSE, MARATHAKKARA P.O, THRISSUR DISTRICT, PIN-680320.

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2 ELIZABETH THOMAS PULIKKUNNEL HOUSE, KANNAMBRA P.O, PALAKKAD DISTRICT, PIN-678686.

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BY ADVS. SRI.T.KRISHNANUNNI (SR.) SRI.VINOD RAVINDRANATH SMT.MEENA.A. SRI.K.C.KIRAN SMT.M.R.MINI SRI.M.DEVESH SRI.ASHWIN SATHYANATH SHRI.ANISH ANTONY ANATHAZHATH SHRI.THAREEQ ANVER

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, MINISTRY OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM, PIN-695001.

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2 THE PRINCIPAL SECRETARY MINISTRY OF FOREST AND WILD LIFE, THIRUVANANTHAPURAM, PIN-695001.

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3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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4 THE DIVISIONAL FOREST OFFICER THRISSUR, PIN-680001

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WP(C).No.21572 OF 2020(V)

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5 THE DISTRICT COLLECTOR THRISSUR, PIN-680001.

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6 THE VILLAGE OFFICER MADAKKATHARA VILLAGE, THRISSUR-680651

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OTHER PRESENT:

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SPL GP (FORESTS)- SRI.NAGRAJ NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21572 OF 2020(V)

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JUDGMENT

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Dated this the 1^st day of December 2020

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The petitioners have filed this Writ Petition complaining that the respondents are not permitting them to cut and remove the old rubber trees and to replant rubber trees in its place despite Ext.P1 common judgment in their favour. Ext.P1 judgment was rendered as early as on 14.11.2011. It is stated that the respondents have challenged the decision in Ext.P1 judgment filing W.A.Nos.365/2012 and 401/2012. But there is no interim order in that Appeals. As at present there is no order in favour of the Forest Department. Forest Department's claim is that the land in which the petitioners planted rubber trees is a forest but as at present there is no finding to that effect.

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Sri.Nagaraj Narayanan, learned Government Pleader submits that a Review Petition has been filed against the judgment in LAA No.595/1992; Ext.P1 judgment was rendered on the basis of the judgment in LAA No.595/1992. At any rate all these matters are yet to be adjudicated. Pending decision in all these cases, it is only appropriate that the petitioners are permitted to cut and remove the rubber trees and to replant tress in those places.

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Since the respondents submit that Review Petitions

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WP(C).No.21572 OF 2020(V)

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against the judgment in LAA and Writ Appeal are pending, these activities shall be done after intimation to the Forest Officials. The Forest Officials are free to make appropriate arrangements to ensure their presence while the petitioners undertake cutting/removing/replanting of rubber trees. The petitioners shall also see that the area of plantation is not enlarged by this.

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All these would be subject to the final decisions to be taken in the Review Petition filed against the judgment in LAA No.595/1992 as well as in W.A.No.365/2012 and 401/2012 filed against Ext.P1 judgment.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.21572 OF 2020(V)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF HON'BLE COURT NOS.23050/2011	THE DA AND	COMMON JUDGMENT OF THIS TED 14.11.2011 IN WP(C) 12020/2010
EXHIBIT P2	TRUE COPY OF CHIEF CONSERV	THE ATOR	REPRESENTATION BEFORE THE OF FORESTS, THRISSUR
	DATED 19.11. PETITIONER ALO BEHALF OF ALL	2018 NG W THE	FILED BY THE 1ST ITH 4 OTHERS, FOR AND ON OCCUPANTS.
EXHIBIT P3	TRUE COPY OF THE DIVISION 29.02.2020.	THE AL	COMMUNICATION ISSUED BY FOREST OFFICER DATED

Samson Varghese v. State of Kerala

Case brief

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Samson Varghese v. State of Kerala

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