The court recorded the petitioner's withdrawal of the writ petition regarding forest land notification. The judge closed the matter reserving liberty to challenge future notifications under the same Act.
Petition allowed to be withdrawn with liberty to challenge any notification under the Ecologically Fragile Lands Act, 2005.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
WP(C) NO. 17884 OF 2021
PETITIONER:
O.R.VELAYUDHANKUTTY, AGED 72 YEARS
S/O. RAMANKUTTY, CHERUKARAPARAMBIL HOUSE,
NOCHIPPULLY P.O., MUNDOOR, PALAKKAD-678 592.
BY ADV M.C.JOHN
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.2 THE CHIEF CONSERVATOR OF FORESTS & CUSTODIAN OF VESTED FOREST, EASTERN CIRCLE, ARANYABHAVAN COMPLEX, OLAVAKODE, PALAKKAD-678 002.3 THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DFO, PALAKKAD DIVISION, KALLEKULANGARA, PALAKKAD-678 004.4 THE RANGE FOREST OFFICER, O/O. THE FOREST RANGE OFFICER, MUNDOOR, PALAKKAD 678 592BY ADV
SRI. T.P.SAJAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 17884/21
2
JUDGMENT
When this matter was called today, Sri.T.P.Sajan – learned
Special Government Pleader , submitted that the reliefs sought for by
the petitioner in this Writ Petition cannot be granted because, the
area in question has already been proposed to be notified as an Ecologically Fragile one, under the Ecologically Fragile Lands Act, 2005.
therefore, prayed that this Writ Petition be allowed to be withdrawn by his client, with every other liberty open to him, including of challenging any notification to be issued under the afore ‘Act’. He also sought liberty for his client to approach this Court again for the reliefs sought for in this Writ Petition, should the said notification be not issued.
In the afore circumstances, I close this Writ Petition with the afore liberties being reserved to the petitioner.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
WPC 17884/21
3
APPENDIX OF WP(C) 17884/2021
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE JUDGMENT DATED 7.2.1997
IN MFA NO.455/87 OF THIS HON'BLE COURT.
Exhibit P2TRUE COY OF THE SALE DEED NO.2582/97 DATED
12.8.1997 SRO, OLAVAKODE EXECUTED IN
FAVOUR OF PETITIONER.
Exhibit P3TRUE COY OF THE BASIC TAX RECEIPT DATED
25.6.2021 ISSUED BY THE VILLAGE OFFICER,
MUNDOOR I VILLAGE TO PETITIONER.
Exhibit P4TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 30.5.2020 ISSUED BY THE VILLAGE
OFIFCER MUNDOOR I VILLAGE TO PETITIONER.
Exhibit P5TRUE COPY OF THE PHOTOGRAPH OF THE
ADJACENT PLANTATION OF PETITIONER.
RESPONDENT ANNEXURES
Annexure R3(a)True copy of the EFL proposal which
includes property of the petitioner with
Letter No.G1-OA 15/82 dated 16.10.2006 of
DFO Palakkad
Annexure R3(b)True copy of the fresh EFL proposal which
includes property of the petitioner with
Letter No.P-OA 15/82 dated 4.5.2023 of DFO
Palakkad
O.R.Velayudhankutty
The State of Kerala
Devan Ramachandrann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court