Allowed

Muraleedharan v. State of Kerala

Kerala HC4 Mar 2020WP(C)/3982/2020

Case brief

AI extract

What is this about?

This Writ Petition sought a direction to the Principal Chief Conservator of Forests to consider the petitioners' application for land exclusion from the Ecologically Fragile Lands rules. The High Court directed the respondent to consider the application within three months after conducting due inspections.

What did the court decide?

The 2nd respondent is directed to consider the petitioners' application and pass orders within three months after conducting due inspections.

Muraleedharan Vs State of Kerala — Environment and Pollution | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941

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WP(C).No.3982 OF 2020(W)

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PETITIONERS:

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1 MURALEEDHARAN

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AGED 60 YEARS S/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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2 KRISHNADAS, S/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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3 CHENDAMARAKSHI, D/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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4 KESAVA MENON, D/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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5 PANKAJAKSHI,

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D/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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6 SUKUMARA MENON, S/O.JANAKI NETHIAR, THEKKEVEEDU, THARUR P.O., PALAKKAD DISTRICT.

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BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SRI.T.S.NEJIMUDDIN SMT.T.V.NEEMA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT., FOREST AND WILD LIFE, TRIVANDRUM-695001.

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2 PRINCIPAL CHIEF CONSERVATOR OF FORESTS, VAZHUTHACAUD, TRIVANDRUM-695008.

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WP(C).No.3982 OF 2020

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3 CUSTODIAN OF VESTED FOREST, OLAVAKKOT, PALAKKAD-678002.

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4 DIVISIONAL FOREST OFFICER, (SPECIAL DIVISION), PALAKKAD.

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SRI.SANDESH RAJA, SPL. GOVERNMENT PLEADER FORESTS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3982 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following relief:

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“i) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 2^nd Respondent to consider and pass orders on Ext.P3 application for exclusion of the property from the EFL Act/Rules in the light of Ext.P8 report of the EFL committee within a time frame to be fixed by this Hon’ble Court.”

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Heard the learned counsel for the petitioners and the

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learned Special Government Pleader appearing for the respondents.

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It is submitted by the learned counsel for the petitioners that the petitioners are in possession of land in Survey No.739A/2, A1, A1 in Kadukkamkunnu amsom desom in Palakkad District. It is stated that the petitioners had filed OA 194/81 before the Forest Tribunal Palakkad claiming exemption in respect of 1.43 acres of land and that the OA was allowed as per Ext.P1 common order dated 28.02.1985. It is stated that thereafter the property was restored by the Forest Department by Ext.P2. Thereafter, a notification was issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands)

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WP(C).No.3982 OF 2020

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Act 2005. It is submitted that Ext.P3 application under Section 10A read with Rule 21A of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Rules, 2007 had been preferred by the petitioners, since the petitioners were in possession of properties below 2 hectares. It is stated that in respect of other co-owners of the property, Ext.P7 judgment had been issued on 05.11.2019 directing consideration of their applications preferred under Section 10A of the Act.

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The learned counsel for the petitioners submits that Ext.P8 report has been generated on an inspection in respect of the property in question and that the application preferred by the petitioners is liable to be considered and disposed of in the light of Ext.P8.

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The learned Special Government Pleader would submit that Ext.P3 application is liable to be considered in accordance with law, in the light of Ext.P7 judgment. However, it is submitted that there is power in the custodian to cause any further enquiry as he deems fit, even where there is a report in respect of an application.

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In the above view of the matter, there will be a direction to the 2^nd respondent to take up Ext.P3 application preferred by the petitioners and to pass orders in accordance with law after conduct of

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WP(C).No.3982 OF 2020

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all due inspections as required. Orders shall be passed within a period

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of three months from the date of receipt of a copy of this judgment, if

necessary.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.3982 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE 194/81 DATED 28. TRIBUNAL, PALAKK	COMMON ORDER IN OA 2.1985 OF FOREST AD.
EXHIBIT	P2 TRUE COPY OF THE GIVEN TO THE 4TH PETITIONER.	ACKNOWLEDGMENT RECEIPT RESPONDENT BY THE 6TH
EXHIBIT	P3 TRUE COPY OF THE UNDER RULE 21 OF 20.1.2010.	APPLICATION FILED EFL ACT DATED
EXHIBIT	P4 TRUE COPY OF THE 8.1.2004 IN IA 2 OF SUB COURT, PA	FINAL DECREE DATED 118/97 IN OS 215/1992 LAKKAD.
EXHIBIT	P4(A) TRUE COPY OF THE THE 2ND RESPONDE	PETITION FILED BEFORE NT ON MARCH 2015.
EXHIBIT	P5 TRUE COPY OF THE THE 2ND RESPONDE RESPONDENT DATED	COMMUNICATION SENT BY NT TO THE 4TH 23.1.2013.
EXHIBIT	P6 TRUE COPY OF THE THE 2ND RESPONDE	COMMUNICATION SENT BY NT DATED 4.2.2019.
EXHIBIT	P7 TRUE COPY OF THE W.P.27711/2019 D	JUDGMENT IN ATED 5.11.2019.
EXHIBIT	P8 TRUE COPY OF EXT REPORT DATED 20. COMMITTEE.	RACT OF INSPECTION 3.2018 OF THE EFL

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RESPONDENT'S/S EXHIBITS: NIL

Muraleedharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muraleedharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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