Disposed

Moosa v. the Forest Range Officer

Kerala HC2 Aug 2022WP(C)/7120/2022

Case brief

AI extract

What is this about?

The High Court, in the first instance, disposed of this writ petition seeking direction to the Secretary, Department of Forest, to consider the petitioner's representation for exempting his rubber plantation land from the Kerala Preservation of Trees Act, directing a decision within three months after hearing.

What did the court decide?

Direction to the 4th respondent to consider the petitioner's representation dated 7.2.2019 and pass a reasoned order within three months of receipt of a copy of the judgment.

Moosa Vs the Forest Range Officer — Labour and Industrial Disputes | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 2^ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944

¶5

WP(C) NO. 7120 OF 2022

¶6

PETITIONER:

¶7

MOOSA

¶8

AGED 69 YEARS S/O ALAVI HAJI, ITTEKKODAN HOUSE, ELAMBULASSERI (POST), VAZHAMPURAM, (VIA) KARAKURUSSI, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 595. BY ADV P.K.MOHANAN(PALAKKAD)

¶9

RESPONDENTS:

¶10

1 THE FOREST RANGE OFFICER FOREST RANGE OFFICE, OTTAPALAM, KULAPPULLY (POST) PALAKKAD DISTRICT, PIN-679 122.

¶11

2 THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, (POST), KALLEKULANGARA, PALAKKAD, PIN-678 009

¶12

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

¶13

4 THE SECRETARY DEPARTMENT OF FOREST, WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

¶14

5 THE TAHSILDAR, OTTAPALAM TALUK, OTTAPALAM, PALAKKAD DISTRICT, PIN-679 101.

¶15

BY ADVS. T.P.SAJAN, GOVERNMENT PLEADER (FORESTS) P.S.APPU, GOVERNMENT PLEADER

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶17

02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

WP(C) NO. 7120 OF 2022

¶19

¶20

JUDGMENT

¶21

Dated this the 02^nd day of August, 2022

¶22

An extent of 1 acre 30 cents of land belonging to the petitioner comprised in Survey No.57A/1A1A of Karimpuzha II Village in Ottapalam Taluk, was exempted from the purview of the Kerala Private Forest (Vesting and Assignment) Act, 1971 as per Ext.P1 order. Later, the land was notified under Section 5 of the Kerala Preservation of Trees Act, 1986. The land is planted with rubber. According to the petitioner, there are no notified trees in the property. The petitioner had cut and removed the old rubber trees and has replanted the land with new rubber trees. The petitioner has been submitting representations for exempting his property from the purview of the Kerala Preservation of Trees Act. Way back in 2015, he was served with Ext.P6 communication stating that

¶23

his representation is under consideration. As

¶24

¶25

WP(C) NO. 7120 OF 2022

¶26

nothing further was done in the matter, petitioner submitted Ext.P7 representation in 2019. This writ petition is filed seeking a direction to the respondents to act upon the petitioner’s representations.

¶27

Learned Counsel for the petitioner submitted that, even though various contentions are raised in the writ petition, for the time being the petitioner will be satisfied with a direction to the 4^th respondent to consider Ext.P7 representation.

¶28

Learned Special Government Pleader submitted that although the legal contentions urged by the petitioner are not sustainable, since the relief is being confined to consideration of Ext.P7, the 4^th respondent can be directed to take a decision in the matter.

¶29

Accordingly, the writ petition is disposed of, directing the 4^th respondent to consider Ext.P7 representation and pass a reasoned order thereon, after affording an opportunity of hearing to the

¶30

WP(C) NO. 7120 OF 2022

¶31

¶32

petitioner. The order, as directed above, shall be issued within three months of receipt of a copy of

this judgment.

Sd/-

V.G.ARUN

JUDGE

NB/2-8

WP(C) NO. 7120 OF 2022

¶39

¶40

		APPENDIX OF	WP(C) 7120/2022
PETITION	ER’S EXHIBITS
EXHIBIT	P1	TRUE COPY 824/1975,	OF THE ORDER DATED 2.9.1977 IN OA NO FOREST TRIBUNAL, PALAKKAD
EXHIBIT	P2	TRUE COPY ISSUED TO FOREST OFF	OF THE CERTIFICATE DATED 23.1.2014 THE PETITIONER BY THE DIVISIONAL ICER, PALAKKAD
EXHIBIT	P3	TRUE COPY 26.4.1984 TRIBUNAL I	OF THE PURCHASE CERTIFICATE DATED ISSUED BY THE SREEKRISHNAPURAM LAND N FAVOUR OF THE PETITIONER
EXHIBIT	P4	TRUE COPY WPC NO 584	OF THE JUDGMENT DATED 25.2.2021 IN 2/2021 OF THIS HON'BLE COURT
EXHIBIT	P5	TRUE COPY	OF THE REPRESENTATION SUBMITTED TO
		THE GRIEV MINISTER O	ANCE REDRESS CELL OF THE CHIEF F KERALA
EXHIBIT	P6	TRUE COPY ISSUED FRO OFFICER, P	OF THE COMMUNICATION DATED 14.7.2015 M THE OFFICE OF THE DIVISIONAL FOREST ALAKKAD
EXHIBIT	P7	TRUE COPY SUBMITTED	OF THE REPRESENTATION DATED 7.2.2019 BEFORE THE KERALA FOREST MINISTER

¶41

RESPONDENTS’ EXHIBITS: NIL

¶42

TRUE COPY

¶43

P.A. TO JUDGE

Moosa v. the Forest Range Officer

Case brief

What is this about?

What did the court decide?

Moosa v. the Forest Range Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Eanokaran Anthony Tony Vs Union of India

N.O. Jose Vs the District Collector

R.Vidyadharan Nair Vs the State of Kerala

North Stone Builders and Developers Pvt. Ltd. Vs Kitco Ltd.

Shan S Vs the State of Kerala

Wilson, Vs the Principal Secretary to Government