Disposed

Vishnu Namboothiripad v. State of Kerala

Kerala HC15 Dec 2020WP(C)/27877/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by legal heirs of an original applicant, directing the Principal Chief Conservator of Forest and other respondents to consider and report on their pending applications filed after a notification under Rule 21A of the Ecologically Fragile Land Act. A three-week timeline was given to the redressal committee for a report, followed by a six-mo

What did the court decide?

Directing the 2nd respondent to place Exts.P7-P14 before the EFL Committee within 3 weeks, followed by a report chain culminating in Government orders within 2 months.

Vishnu Namboothiripad Vs State of Kerala — Land Acquisition | Kerala HC (2020)

¶1

WP(C).No.27877 OF 2020(H)

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶6

TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

¶7

WP(C).No.27877 OF 2020(H)

¶8

PETITIONER/S:

¶9

1 VISHNU NAMBOOTHIRIPAD, AGED 80 YEARS, S/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT

¶10

2 SAVITHRI, D/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT

¶11

3 SANKARA NARAYANAN, S/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT-679505

¶12

4 HARIDAS, S/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT-679505

¶13

5 NARAYANAN, S/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT -679505

¶14

6 SREEDEVI, D/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT -679 505

¶15

7 LEELA, D/O. LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT -679 505

¶16

8 SANKARA NARAYAN,S/O. LATE GOURI, SREERAM SADAN, THIRUVANGAD P.O., THALASSERI -670013

¶17

9 SAVITHRI.K.,D/O. LATE GOURI, 'SREENIVAS',THARAVANATTU LANE, VADAKKATHARA P.O., PALAKKAD-678012

¶18

10 SANDHYA.K.,D/O. LATE GOURI, MAHIMA, CHILAVANNUR, KADAVANTHRA P.O., KOCHI-20

¶19

WP(C).No.27877 OF 2020(H)

¶20

¶21

11 SUDHA.K., D/O. LATE GOURI, STATE BANK OF INDIA, M.G ROAD, BRANCH ERNAKULAM-682016

¶22

12 SATHI.K.,D/O. LATE GOURI,MRG SREEKRISHNAN APARTMENTS, THIRUVAMBADI, THRISSUR (REPRESENTED BY POWER OF ATTORNEY HOLDER U.SURENDRAN, S/O.LATE NARAYANANKUTTY NAIR, MAYALOK, KARKKIDAMKUNNU, PALAKKAD DISTRICT)

¶23

BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA

¶24

RESPONDENT/S:

¶25

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM-695 001

¶26

2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001

¶27

3 DIVISIONAL FOREST OFFICER, MANNARKKAD, PALAKKAD DISTRICT,PIN-678 601

¶28

4 CUSTODIAN OF VESTED FOREST, OLAVAKKODE, PALAKKAD-678 601

¶29

OTHER PRESENT:

¶30

SPL.GP FOREST SRI.SANDESH RAJA.K.

¶31

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶32

WP(C).No.27877 OF 2020(H)

¶33

¶34

JUDGMENT

¶35

Dated this the 15^th day of December 2020

¶36

The petitioners who were the original applicants before the Forest Tribunal Kozhikkode in O.A.No.46/2000 and the legal heirs of the original applicant have filed Exts.P7 to P14 applications under rule 21A of the Ecologically Fragile Land Act as against Ext.P5 notification issued under EFL Act. As the limited relief sought for in this Writ Petition is for a direction to the 2^nd respondent to consider and pass orders on Exts.P7 to P14 applications, it is only appropriate for the 2^nd respondent to take appropriate action for considering the same under Section 10A of the EFL Act in accordance with law. As rightly pointed out by the learned Government Pleader the petitioners can also produce relationship certificate/legal heir-ship certificate along with a copy of the judgment. The Writ Petition therefore disposed of with the following directions:

¶37

The 2^nd respondent shall place the applications Exts.P7 to

¶38

P14 for a report from the Ecologically Fragile Land Claim Dispute Redressal Committee within a period of three weeks from the date of receipt of a copy of the judgment.

¶39

The Committee shall furnish the report before the Head of Forest Force within a further period of six months.

¶40

The Head of Forest Force shall furnish his recommendations

¶41

WP(C).No.27877 OF 2020(H)

¶42

¶43

along with a report before the Government within a further

¶44

period of one month and

¶45

The Government shall pass orders on the applications Exts.P7 to P14 within a further period of two months.

¶46

The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.27877 OF 2020(H)

¶52

¶53

APPENDIX

¶54

PETITIONER'S/S EXHIBITS:

¶55

EXHIBIT P1	TRUE COPY OF THE JUDGMENT IN MFA NO.297/2011 DATED 10.8.2007
EXHIBIT P2	TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL 7694/2009 DATED 25.9.2018
EXHIBIT P3	TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 23.02.2019
EXHIBIT P4	TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE 3RD RESPONDENT DATED 28.7.2020 WITH TYPED COPY
EXHIBIT P5	TRUE COPY OF NOTIFICATION ISSUED BY THE GOVERNMENT DATED 19.6.2020 WITH TYPED COPY
EXHIBIT P6	TRUE COPY OF THE JUDGMENT IN WPC NO.6496/2019 DATED 7.08.2020
EXHIBIT P7	TRUE COPY OF THE APPLICATION DATED 22.,9.2020 FILED BY THE 1ST PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT
EXHIBIT P8	TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 2ND PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT
EXHIBIT P9	TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 3RD PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT
EXHIBIT P10	TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 4TH PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT
EXHIBIT P11	TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 5TH PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT
EXHIBIT P12	TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 6THD PETITIONER

¶56

WP(C).No.27877 OF 2020(H)

¶57

¶58

UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT

¶59

EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE 7TH PETITIONER UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 22.9.2020 FILED BY THE PETITIONERS 8 TO 12 UNDER RULE 21A OF THE ECOLOGICALLY FRAGILE LAND ACT WITH ACKNOWLEDGMENT

Vishnu Namboothiripad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu Namboothiripad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Eliyamma Sebastian Vs District Collector

Anaz Babu Vs the District Supply Officer

Union Territory of Lakshadweep Vs Agatti Island Kera Karshaka Sanghom

Najma P.M., Vs Commissioner for Entrance Examinations

Shibu Vs the Chairman

Meenu K.B. Vs State of Kerala