Nalini v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 14120 of 2007 (E) --------------------------------------- PETITIONER(S):

----------------------- NALINI,W/O. BABU,AGED 31 YEARS, HOUSE NO.193, MARADI VEEDU, KOLAYAD GRAMA PANHAYATH, KOLAYAD P.O., THALASSERY-VIA, KANNUR DISTRICT. BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM.

2. THE VILLAGE OFFICER, KOLAYAD VILLAGE, KOLAYAD P.O., KANNUR DISTRICT.

3. THE FOREST RANGE OFFICER, KANNAVOM FOREST RNAGE, KANNUR DISTRICT.

4. THE DIVISIONAL FOREST OFFICER, KANNUR.

5. THE CHIEF CONSERVATOR OF FOREST, NORTHEN RANGE, VANASREE, MATHOTTOM, KOHZIKODE DISTRICT.

R1 & R2 BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN R3 TO R5 BY SRI.M.A.THOMASKUTTY, SPL. GP FOR FOREST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 14120 of 2007 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT. P1: TRUE COPY OF THE RECEIPT DATED 26.3.1953ISSUED BY THE 3RD RESPONDENT.

EXT. P2: TRUE COPY OF THE CASH RECEIPT DTD.26.3.1997 ISSUED BY THE 3RD RESPONDENT.

EXT.P3: TRUE PHOTOCOPY OF THE PROFORMA FOR JOINT VERIFICATION OF THE PETITIONER'S PROPERTY BY THE REVENUE AND FOREST OFFICIALS. EXT.P4: TRUE COPY OF THE JOINT VERIFICATION REPORT OF THE PETITIONER'S PROPERTY.

EXT.P5: TRUE COPY OF THE EXTRACT OF RECORDS OF RIGHTS BEARING SL.NO.177 DTD.18.8.1998 ISSUED BY THE REVENUE AND FOREST OFFICIALS. EXT.P6: TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE PETITIONER, ISSUED BY THE ELECTION COMMISSION OF INDIA.

EXT.P7: TRUE PHOTOCOPY OF THE RATION CARD ISSUED IN THE NAME OF THE HUSBAND OF THE PETITIONER.

EXT.P8: TRUE COPY OF THE JUDGMENT DTD.21.12.2006 IN WP(C) NO.32421/2006 OF THIS HON'BLE COURT.

EXT.P9: TRUE COPY OF FEW PHOTOGRAPHS EVIDENCING THE 2 JACK FRUIT TREES LAYING IN THE PROPERTY OF THE PETITIONER.

EXT.P10: TRUE COPY OF THE REPRESENTATION DTD.18.4.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P11: TRUE COPY OF THE REPRESENTATION DTD.24.4.2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXT.P12: TRUE COPY OF THE REPRESENTATION DTD 11.9.2006 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- EXT. R4(a): TRUE COPY OF G.O.(MS) NO.88/97/REV. DTD.11.2.1997. //TRUE COPY// P.S.TO JUDGE Msv

K. Vinod Chandran, J -------------------------------------- W.P.(C).No.14120 of 2007-E ------------------------------------- Dated this the 02nd day of June, 2015

JUDGMENT

The petitioner was concerned with the transportation of two jack-fruit trees, over which the petitioner asserts a right. The petitioner's grievance is, insofar as a transportation made of the jack-fruit tree logs being intercepted by the official respondents and a crime having been registered as O.R.1 of 2006. The petitioner sought for an enquiry by Exhibit P12 representation and approached this Court with a writ petition.

2. Since a crime has been registered, necessarily proceedings had to be taken in the said crime and there is no scope for consideration of representation, especially at this distance of time when the writ petition itself was filed in 2007. None appears for the petitioner.

The writ petition, hence, would stand dismissed. No costs. Sd/- K.Vinod Chandran vku/- Judge.

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