The High Court of Kerala closed a writ petition concerning the restoration and possession of forest plots, noting that the matter was disposed of in a connected pending petition where the property was restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 1129 OF 2011
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,
1944
WP(C) NO. 1129 OF 2011
PETITIONER/S:
M/S.ELSTONE TEA ESTATES LIMITED REP.BY ITS MANAGING DIRECTOR T.B.KUNHIMAHIN HAJI, S/O.MOIDEEN KUNHI, PADHOOR HOUSE,THEKKIL POST,, KASARGODE
BY ADVS. SRI.PIUS C.MUNDADAN SMT.ANJU DIVAKAR
RESPONDENT/S:
WP(C) NO. 1129 OF 2011
2
OTHER PRESENT:
0
SRI.T.P.SAJAN, SPL.GP(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1129 OF 2011
3
P.V.KUNHIKRISHNAN, J
W.P.(C) No.1129 of 2011
Dated this the 1st day of December, 2022
JUDGMENT
The above writ petition is filed with following prayers :
(i) “Issue a writ of mandamus or any other appropriate writ or order or direction directing respondents 1 and 5 to consider and issue final order on Ext.P12 proposal for restoration of plots “B”, “E” and “F” to the petitioner within a time frame to be fixed by this Hon'ble Court.
(ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing respondents to hand over possession of plots “B”, “E” and “F” referred to in Ext.P12 to the petitioner within a time frame to be fixed by this Hon'ble Court; and
(iii) Grant such other reliefs, as this Hon'ble Court shall deem just.” [SIC]
10.11.2022 and therefore, this writ petition was listed today.
WP(C) NO. 1129 OF 2011 4
Today also, there is no representation. The learned Special Government Pleader (Forest) submitted that pending this writ petition, the petitioner filed another writ petition as W.P.(C.) No. 20572 of 2022. In that case, the submission of the Forest Department to the effect that the property is restored to the petitioner is recorded and the writ petition can be closed.
Therefore, there is nothing survives in this case and writ petition is closed.
SD/P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 1129 OF 2011 5
APPENDIX OF WPC NO. 1129/2011
PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE FRESH CERTIFICATE OF INCORPORATION CONSEQUENT ON CHANGE OF NAME OF THE COMPANY IN THE NAME OF M/S.ELSTONE TEA ESTATES LIMITED DATED 23.12.1994
EXT.P2 TRUE COPY OF THE FORM 32 SUBMITTED BEFORE THE REGISTRAR OF COMPANIES SHOWING THAT T.B.KUNHIMAHIN HAJI IS APPOINTED AS MANAGING DIRECTOR OF THE PETITIONER COMPANY WITH EFFECT FROM 3.4.2004
EXT.P3 TRUE COPY OF THE JUDGMENT DATED 7.6.2002 OF THIS HON'BLE COURT IN MFA NO.428/1991 (E)
EXT.P4 TRUE COPY OF THE ORDER DATED 8.1.2004 OF THE HON'BLE SUPREME COURT IN SLP (CIVIL) NO. CC 11216/2003
EXT.P5 TRUE COPY OF THE APPLICATION DATED 14.7.2004 SUBMITTED BEFORE THE 4TH RESPONDENT
EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 23.11.2005 SUBMITTED BEFORE THE HON.MINISTER OF FOREST
EXT.P7 TRUE COPY OF APPLICATION DATED 26.2.2007 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT CUSTODIAN OF FOREST.
EXT.P8 TRUE COPY OF APPLICATION DATED 26.2.2007 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT CUSTODIAN OF FOREST
EXT.P9 TRUE COPY OF REGISTERED NOTICE DATED 28.4.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P10 TRUE COPY OF INDEMNITY BOND DATED 18.5.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P11 TRUE COPY OF LETTER DATED 18.5.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXT.P12 TRUE COPY OF LETTER NO. B5-2908/07 DATED 14.8.2009 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT, OBTAINED BY THE PETITIONER HEREIN UNDER THE RIGHT TO INFORMATION ACT, ALONGWITH THE ACCOMPANYING “PROPOSAL FOR RESTORATION” AND THE PROPOSAL FOR LAND TO BE NOTIFIED UNDER THE PROVISIONS OF SECTION 5(1) OF THE KERALA PRESERVATION OF TREES ACT, 1986
Colour shows how this judgement treated each authority
Supreme Court judgment dated 7.6.2002Referred¶30
MFA No.428/1991 (E)
Supreme Court order dated 8.1.2004Referred¶30
SLP (Civil) No. CC 11216/2003
M/s. Elstone Tea Estates Limited (Rep. by T.B. Kunhimahin Haji)
State of Kerala (Secretary to Government of Kerala)
Chief Conservator of Forest (Northern Region)
Custodian of Vested Forests (Eastern Circle)
Divisional Forest Officer (South Wayanad)
Principal Secretary (Forest & Wildlife Department)
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
