The High Court dismissed a writ petition pertaining to an appeal against a Forest Tribunal order without prejudice, noting that a separate appeal (M.F.A. No. 99 of 2021) is pending.
The writ petition is dismissed without prejudice to the right of the petitioner to approach this court after the disposal of M.F.A. No. 99 of 2021.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 WP(C) NO. 12757 OF 2021
PETITIONER:
SHAJIR ARAFATH KARAT AGED 44 YEARS S/O. HAMSA K., BILATHIKULAM COLONY ROAD, ERANHIPALAM P.O., KOZHIKODE-673006.
BY ADVS. SHYAM PADMAN C.M.ANDREWS LAYA MARY JOSEPH HARISH ABRAHAM BOBY M.SEKHAR
RESPONDENTS:
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WP(C) NO. 12757 OF 2021
VAZHUTHACAUD, TRIVANDRUM-695014.
BY ADV. SRI.T.R.RAVI, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 12757 OF 2021
W.P.(C) No.12757 of 2021
J U D G M E N T
This writ petition is instituted seeking various reliefs on the strength of Ext.P7 order of the Forest Tribunal.
In the circumstances, the writ petition is dismissed without prejudice to the right of the petitioner to approach this court for the relief claimed in the writ petition after the disposal of M.F.A. No.99 of 2021, if so advised.
Sd/P.B.SURESH KUMAR, JUDGE.
PV
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WP(C) NO. 12757 OF 2021
APPENDIX OF WP(C) 12757/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.997/09 OF VYTHIRI SRO. Exhibit P2 TRUE COPY OF THE ORDER DATED 6.1.1976 PASSED BY THE FOREST TRIBUNAL, CALICUT IN O.A.NO.244/1974. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 27.9.1979 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN M.F.A.NO.241/1978. Exhibit P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE FOR THE SALE OF 17.75 ACRES DATED 9.7.2009 ISSUED BY THE DIVISIONAL FOREST OFFICER. Exhibit P5 TRUE COPY OF THE NOTICE DATED 14.11.2018 REGARDING GAZETTE NOTIFICATION OF THE PROPERTY AS EFL ON 14.8.2018. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2018 IN W.A.NO.2098/2018 PASSED BY THE HON'BLE HIGH COURT OF KERALA. Exhibit P7 TRUE COPY OF THE ORDER DATED 1.6.2020 PASSED BY THE TRIBUNAL FOR EFL CASES, KOZHIKODE IN O.A.NO.18/2018. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 24.2.2021 SUBMITTED BEFORE THE 3RD RESPONDENT. Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT LETTER DATED 24.2.2021 ISSUED BY THE 3RD RESPONDENT'S OFFICE. Exhibit P10 TRUE COPY OF THE FIR IN CRIME NO.51/2021 OF VYTHIRI POLICE STATION DATED 16.2.2021.
Shajir Arafath Karat
State of Kerala
Divisional Forest Officer, South Wayanad Division
Custodian of Ecologically Fragile Lands
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
