Dismissed

Rajan v. State of Kerala

Kerala HC19 Jan 2021WP(C)/1418/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging a government order designating land as Ecologically Fragile. The Court held that the petitioner has an effective statutory remedy under Section 10 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003, before the Forest Tribunal. Appeals to the Tribunal require adjudication on evidence, rendering the wri

What did the court decide?

The Writ Petition is disposed of as the petitioner is directed to approach the Forest Tribunal under Section 10 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003.

Rajan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

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WP(C).No.1418 OF 2021(B)

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PETITIONER:

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RAJAN

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AGED 81 YEARS S/O.CHATHAI, PADAYETTI HOUSE, ERUMAYOOR P.O., ERUMAYOOR 1 VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 546.

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BY ADV. SRI.R.RAMADAS

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RESPONDENTS:

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

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE,

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FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.

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4 WORKING PLAN OFFICER, OLAVAKKODE P.O., PALAKKAD-678 002.

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5 DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD, PIN-678 508.

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6 THE CHIEF CONSERVATOR OF FORESTS, EASTERN CIRCLE, PALAKKAD, PIN-678 001.

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SPL.GP FOREST SRI.SANDESH RAJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1418/2021(B)

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JUDGMENT

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Dated this the 19^th day of January 2021

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The petitioner is aggrieved by Ext.P16 order

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passed by the Government by which the Government has accorded sanction to maintain the property which was covered by Ext.P1 judgment, as Ecologically Fragile lands as per the provisions contained in the Kerala Forests(Vesting and Management of Ecologically Fragile Lands)Act, 2003 and has directed the custodian to make necessary arrangements to maintain the area as Ecologically Fragile Land. According to the

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petitioner, the said order has been passed without taking note of the reports, Exts.P10 and P13. The petitioner has also got a contention that it is against the directions issued by this Court in Ext.P15 judgment dated 23.06.2020.

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The learned Special Government Pleader points

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out that the petitioner has got an effective statutory remedy under Section 10 of the Kerala Forests(Vesting

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and Management of Ecologically Fragile Lands)Act, 2003 before the Forest Tribunal.

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WP(C).No.1418/2021(B)

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The learned counsel for the petitioner submits

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that he has been before the Tribunal and various forest authorities, for restoration of the land since the year

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1976 and this will take further time for a decision.

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I am of the view that the matter requires adjudication on the basis of evidence. When the statue provides for a remedy for the petitioner, it is only appropriate that the petitioner approaches the Tribunal under Section 10 of the Kerala Forests(Vesting and Management of Ecologically Fragile Lands)Act, 2003. The Tribunal would adjudicate the matter irrespective

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of the finding of the Government in Ext.P16 order as well as the reports based on which it has been passed; on independent assessment of evidence and arrive at a decision in accordance with the provisions contained in the Act.

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The Writ Petition is accordingly disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No.1418/2021(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE JUDGMENT DATED 30.01.1980
	IN OA NO.467/1976 FOREST TRIBUNAL, PALAKKAD.
EXHIBIT P2	TRUE COPY OF APPLICATION IA NO.38/2001 IN OA NO.467/1976, FOREST TRIBUNAL, PALAKKAD.
EXHIBIT P3	TRUE COPY OF THE COUNTER STATEMENT DATED 06.06.2001 FILED BY DIVISIONAL FOREST OFFICER TO THE ABOVE APPLICATION.
EXHIBIT P4	TRUE COPY OF THE ORDER DATED 23.11.2002 IN IA NO.38/2001 IN OA NO.467/1976 PASSED BY THE FOREST TRIBUNAL, PALAKKAD.
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 10.08.2005 ISSUED BY D.F.O, NENMARA TO THE ASSISTANT SURVEY DIRECTOR, FOREST MINI SURVEY, KOZHIKODE.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 25.11.2005 BEFORE THE DIVISIONAL FOREST OFFICER, NENMARA.
EXHIBIT P7	TRUE COPY OF THE REPLY TO EXT.P6 DATED 06.12.2005 RECEIVED BY THE PETITIONER FROM THE DIVISIONAL FOREST OFFICER, NENMARA.
EXHIBIT P8	TRUE COPY OF NOTIFICATION DATED 01.09.2009.
EXHIBIT P9	TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF RS NOS.29, 30/2, 32/1, 33/1, 34/1 AND 35/2.
EXHIBIT P10	TRUE COPY OF THE REPORT DATED 06.05.2014 SUBMITTED BY THE COMMITTEE CONSTITUTED UNDER THE ECOLOGICALLY FRAGILE LANDS.
EXHIBIT P11	TRUE COPY OF THE LIST OF TREES PREPARED BY THE FOREST RANGE OFFICER, ALATHUR.
EXHIBIT P12	TRUE COPY OF THE REPORT PREPARED BY THE FOREST RANGE OFFICER, ALATHUR.
EXHIBIT P13	TRUE COPY OF THE CIRCULAR NOTE PREPARED BY THE ADDITIONAL CHIEF SECRETARY SUBMITTED

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WP(C).No.1418/2021(B)

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	BEFORE THE HON'BL FOR ORDERS.	E MINIS	TER FOR	FORESTS
EXHIBIT P14	TRUE COPY OF THE OF THE ADDITIONAL	LETTER CHIEF	DATED 22 SECRETARY	.07.2014 ISSUED
	TO THE PRINCIPAL FOREST.	CHIEF	CONSERVA	TOR OF
EXHIBIT P15	TRUE COPY OF THE J IN WPC NO.27848/20	UDGMENT 14.	DATED 23	.06.2020
EXHIBIT P16	TRUE COPY OF NO.282/2020/F & ISSUED BY THE GOVE	THE WLD D RNMENT.	ORDER ATED 16	GO(RT) .11.2020
EXHIBIT P17	TRUE COPY OF THE SENT BY THE 3RD RESPONDENT.	LETTER RESPON	DATED 13 DENT TO	.08.2020 THE 6TH
EXHIBIT P18	TRUE COPY OF THE 6TH RESPONDENT.	INSPECTI	ON REPORT	OF THE

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajan v. State of Kerala

Case brief

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What did the court decide?

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