High Court of KeralaWP(C)/39430/2015disposed of

M.G. Ramachandran Nair v. State Of Kerala

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39430 of 2015 (C) ---------------------------- PETITIONERS:

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1. M.G. RAMACHANDRAN NAIR, AGED 52 YEARS, S/O.LATE GOVINDAPILLAI, HOUSE NO.29, LEKSHMI PONNARA SREEDHAR NAGAR, NEDUMANGAD P.O, THIRUVANANTHAPURAM.

2. K.RADHAKRISHNA PILLAI, DEVIKA, TC 9/2066, SASTHAMANGALAM, THIRUVANANTHAPURAM.

3. LALITHAKUMARI AMMA, JYOTHIRNILAYAM, KARIMPINPUZHA P.O, KOTTARAKKARA.

BY ADVS.SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM.

2. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM.

3. CUSTODIAN (ECOLOGICALLY FRAGILE LANDS)-AND CHIEF CONSERVATOR OF FOREST (DEPARTMENT), FOREST HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014

4. THAHASILDAR, NEDUMANGAD, THIRUVANANTHAPURAM.

5. VILLAGE OFFICER, THENOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 39430 of 2015 (C) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE NOTIFICATION BEARING NO.EFL 10-2455/2010 DTD 7/8/2010 ISSUED BY THE 3RD RESPONDENT P2:- A TRUE COPY OF THE APPLICATION FOR REVIEW FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT P3:- TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 3RD RESPONDENT P4:- TRUE COPY OF THE INTIMATION DTD 12/2/2011 ISSUED BY THE 3RD RESPONDENT P5:- TRUE COPY OF THE REPLY DTD 20/7/2011 ISSUED UNDER THE RIGHT TO INFORMATION ACT P6:- TRUE COPY OF THE REPRESENTAITON DTD 24/1/2015 PREFERRED BY THE PETITIONERS TO 5TH RESPONDENT P7:- TRUE COPY OF THE COMMUNICATION DTD 11/1/2011 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT P8:- TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD 22/1/2014 IN WPC.NO. 2022/2014 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 39430 of 2015 ================== Dated this the 23rd day of December, 2015

J U D G M E N T

The petitioner had approached the 3rd respondent by Ext.P2 application for clarification. The petitioner submits that in the light of Rule 17 of the Kerala Forest (Vesting and management of Ecologically Fragile Land) Rule 2007, the 3rd respondent has necessary power to consider Ext.P2. Therefore this Court is of the view that Ext.P2 shall be considered after adverting to the nature of power under Rule 17 by the 3rd respondent within a period of two months from the date of receipt of the copy of this judgment after notice to the petitioner. In the light of above, Ext.P4 issued by the 3rd respondent to the 2nd respondent has to be recalled to pave way for consideration of Ext.P2. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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