O.M.Thomas v. Government Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 OP(C).No. 516 of 2013 (O) --------------------------------------- AGAINST THE JUDGMENT IN C.M.A.NO.42 OF 2009 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, KALPETTA, DATED 21-11-2012 ---------------- PETITIONER(S)/APPELLANT :
-------------------------------------------- O.M.THOMAS, AGED 44 YEARS, S/O.MATHAI, OTTAKKUNNEL HOUSE, VELIYAMBALAM P.O., NADAVAYAL VILLAGE.
BY ADV. SRI.S.M.PRASANTH RESPONDENT(S)/RESPONDENT :
------------------------------------------------------ GOVERNMENT OF KERALA, REP. BY SOUTH WAYANAD DIVISIONAL FOREST OFFICER, KALPETTA, PIN- 670 002, (AUTHORIZED OFFICER UNDER THE KERALA FOREST ACT). BY SPL.GOVERNMENT PLEADER SRI.MADHAVAN KUTTY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.
OP(C).No. 516 of 2013 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :
------------------------------------------ P1:
A TRUE COPY OF THE ORDER NO.A.2-4278/04 DATED 16.11.2009. P2:
A COPY OF THE JUDGMENT DATED 21.11.2012 OF THE ADDL.DISTRICT COURT (ADHOC)II, KALPETTA IN C.M.A NO.42 OF 2009. P3:
A TRUE COPY OF THE JUDGMENT IN C.C.NO.2 OF 2011 DATED 02.03.2013. RESPONDENT(S)' EXHIBITS :
------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` O.P.(C) No.516 of 2013 ````````````````````````````````````````````````````````````` Dated this the 24th day of June, 2015
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ It seems that the petitioner has been proceeding with the matter under Article 227 of the Constitution of India. This is a case wherein a revision lies, as the judgment under challenge is one passed in a CMA on an order under Section 61A of the Forest Act. When an efficacious remedy by way of a revision is there, the proceedings under Article 227 of the Constitution of India is barred. The petitioner is permitted to withdraw this O.P.(Civil) with liberty to file a C.R.P. in the matter.
With the said observations, this O.P.(Civil) is closed. Sd/- (B.KEMAL PASHA, JUDGE) aks/24/06 // True Copy // PA to Judge