Petitioner sought quashing of a patta condition denying him a share of the value of sandalwood trees on his land that were seized and auctioned by forest authorities. Court declined to decide the issue and directed the State to consider his pending representation within three months after hearing him.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946
WP(C) NO. 8492 OF 2023
PETITIONER/S:
BINU DAMODARAN AGED 52 YEARS S/O. DAMODARAN VARAPUZHA HOUSE, DIAMUKKU PO, VANDIPERIYAR., PIN - 685533 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM
RESPONDENTS:
OTHER PRESENT:
SPL.GP - T.P.SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.8492 of 2023
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VIJU ABRAHAM, J.
JUDGMENT
The petitioner has approached this Court seeking to quash condition No.1 in Ext.P1 patta.
W.P.(C). No.8492 of 2023
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request of the petitioner for the share of value of the sandalwood auctioned by the 4th respondent was rejected by Ext.P18, stating condition No.1 in the patta. Aggrieved by the same the petitioner has preferred Ext.P19 representation before the 1st respondent.
In view of the facts and circumstances of the case, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P19 request
W.P.(C). No.8492 of 2023
: 4 :
submitted by the petitioner, in accordance with law, after affording an opportunity of being heard to the petitioner, at any rate, within an outer limit of three months from the date of receipt of a copy of this judgment.
Sd/- VIJU ABRAHAM JUDGE
sm/
: 5 :
W.P.(C). No.8492 of 2023
APPENDIX OF WP(C) 8492/2023
| PETITIONER EXHI Exhibit P1 |
BITS TRUE COPY OF ISSUED TO THE F |
THE PATTA DATED 12/5/1970 ATHER OF THE PETITIONER |
|---|---|---|
| Exhibit P2 | TRUE COPY LETTE BY THE PETI RESPONDENT |
R DATED 3/6/2015 SUBMITTED TIONER BEFORE THE 4TH |
| Exhibit P3 | A TRUE COPY OF | THE MAHAZAR DATED 6/6/2015 |
| Exhibit P4 | A TRUE COPY OF 8025/15 DATED 7 RESPONDENT |
THE LETTER BEARING NO. A4- /10/2015 ISSUED BY THE 6TH |
| Exhibit P5 | A TRUE COPY OF THE 4TH RESP RESPONDENT DATE |
THE REQUEST SUBMITTED BY ONDENT BEFORE THE 3RD D 28/10/2015 |
| Exhibit P6 | A TRUE COPY OF 6324/15 DATED 1 |
THE LETTER BEARING NO. C1- 3/11/2015 |
| Exhibit P7 | A TRUE COPY OF 112/2015 DATED THE 4TH RESP RESPONDENT |
THE LETTER BEARING NO. K- 19/12/2015 SUBMITTED BY ONDENT BEFORE THE 3RD |
| Exhibit P8 | A TRUE COPY BEARING NO. C |
OF THE REJECTION LETTER 1.6324/15 DATED 28/1/2016 |
| ISSUED BY THE PETITIONER |
3RD RESPONDENT TO THE | |
| Exhibit P9 | A TRUE COPY OF 112/2015 DATED 4TH RESPONDENT |
THE LETTER BEARING NO. K- 2/6/2016 SUBMITTED BY THE BEFORE THE 5TH RESPONDENT |
| Exhibit P10 | A TRUE COPY OF 2906/16 DATED 2 |
THE LETTER BEARING NO. A2- 0/6/2016 |
| Exhibit P11 | A TRUE COPY OF 3033/2016 DATED 5TH RESPONDENT |
THE LETTER BEARING NO. C2- 4/7/2016 SUBMITTED BY THE BEFORE THE 4TH RESPONDENT |
| Exhibit P12 | A TRUE COPY OF 112/2015 DATED 4TH RESPONDENT |
THE LETTER BEARING NO. K- 13/7/2016 SUBMITTED BY THE BEFORE THE 3RD RESPONDENT |
| Exhibit P13 | A TRUE COPY OF NO. C1-6324/20 BY THE 3RD RESPONDENT |
THE COMMUNICATION BEARING 15 DATED 24/9/2016 ISSUED RESPONDENT TO THE 4TH |
| Exhibit P14 | A TRUE COPY OF 112/2015 DATED 4TH RESPONDENT |
THE LETTER BEARING NO. K- 28/9/2016 SUBMITTED BY THE BEFORE THE 5TH RESPONDENT |
W.P.(C). No.8492 of 2023
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Exhibit P15 A TRUE COPY OF THE COVERING LETTER DATED 17/8/2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT ALONG WITH THE LETTER BEARING NO. C2-3033/16 DATED 1/8/2017 OF THE 5TH RESPONDENT Exhibit P16 A TRUE COPY OF THE LETTER BEARING NO. K- 112/2015 DATED 10/10/2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT Exhibit P17 TRUE COPY OF THE LETTER DATED 21/1/2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P18 A TRUE COPY OF THE LETTER DATED 23/5/2019 ISSUED BY THE 2ND RESPONDENT Exhibit P19 A TRUE COPY OF THE REPRESENTATION DATED 20/2/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R4(a) True copy of the letter No.C6-2657/18 dated 18.12.2019.
1 issue framed by the court
Whether the petitioner is entitled to a share of the value of sandalwood trees auctioned from his pattah land despite condition No.1 vesting tree rights in the Government.
Colour shows how this judgement treated each authority
Manoj A. N. v. State of Kerala and othersRelied on¶4
2013 (3) KHC 505
Binu Damodaran
State of Kerala
The Chief Conservator of Forests
The Divisional Forest Officer
The Range Officer
The Revenue Divisional Officer
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
