Javed Mohammad vs Principal Chief Conservator of Forests

Type Court Judgment Court Kerala Orders Decided Mar 20, 2020

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Citation: sooperkanoon.com/1818636
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Mar 20, 2020
Case Number: WP(C)/14044/2015

Parties & Advocates

Appellant / Petitioner

Javed Mohammad

Respondent

Principal Chief Conservator of Forests

Excerpt

.....= = = = = = = = w.p.(c).no.14044 of 2015 = = = = = = = = = = = = = = dated this the 20th day of march, 2020judgmentlearned counsel appearing for the petitioner seeks permission to withdraw the writ petition. permission is granted. accordingly, this writ petition is dismissed as withdrawn. sd/- anu sivaraman, judge sj w.p.(c).no.14044/15 3 appendix of wp(c) 14044/2015 petitioner's exhibits: exhibit p1 exhibit p1: true copy of the notice no.brespondent to the petitioner in form no.1 under section 3(2) of the kerala forest (vesging and management of ecologically fragile lands) act, 2003. exhibit p2 exhibti p2: true copy of the statutory application dated 9.1.2015 submitted the petitioner before the ist respondent under section 10a of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 along with grounds.exhibit p3 exhibit p3: true copy of the communication no.efl-13-1368/15 dated 18.2.2015 issued by the custodian (dfl) to the petitioner. exhibit p4 exhibit p4: true copy of the relevant portion of the sale deed no.1545/2009 of vythiri sub registrar office dated 1.12.2009. exhibit p5 exhibti p5: true copy of the possessioncertificate dated 7.2.2015 issued by the village officer, chundale in respect of the property of the petitioner in rs.no.411/1pt of chundale village.exhibit p6 exhibit p6: true copy of the interim orderdated 30.3.2015 in wpc no.9366/2015 passed by the hon'ble high court of kerala. true copy ps to judge w.p.(c).no.14044/15 4

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941 WP(C).No.14044 OF 2015(E) PETITIONER: JAVED MOHAMMAD AGED 25 YEARS S/O ABDUL SAMAD, BEEBIS, M.M. ROAD, THALASSERY, KANNUR DISTRICT-670101. BY ADVS. SRI.K.M.FIROZ SRI.S.KANNAN SMT.M.SHAJNA RESPONDENTS: 1 PRINCIPAL CHIEF CONSERVATOR OF FORESTS KERALA, THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) CUSTODIAN OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014. 2 THE DIVISIONAL FOREST OFFICER D.F.O. SOUTH WAYANAD DIVISION, PINANGOD ROAD, DIVISIONAL FOREST OFFICE, KALPETTA-673121. 3 THE CHIEF CONSERVATOR OF FORESTS NORTHERN CIRCLE, KANNUR-670012.
4 THE ECOLOGICALLY FRAGILE LAND CLAIM DISPUTE REDRESSAL COMMITTEE OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA VAZHUTHAKKAD, THIRUVANANTHAPURAM, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS. 5 THE RANGE FOREST OFFICER MAPADI, WAYANAD DISTRICT. 6 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695001.

R1 BY ADV. SRI.SANDESH RAJA.K. SPL. G.P. FOREST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 7.02.2020 THE COURT ON 20.03.2020 DELIVERED THE FOLLOWING: W.P.(C).No.14044/15 2

ANU SIVARAMAN,J.

= = = = = = = = = = = = = W.P.(C).No.14044 of 2015 = = = = = = = = = = = = = = Dated this the 20th day of March, 2020

JUDGMENT

Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition. Permission is granted. Accordingly, this writ petition is dismissed as withdrawn. Sd/- Anu Sivaraman, Judge sj W.P.(C).No.14044/15 3 APPENDIX OF WP(C) 14044/2015 PETITIONER'S EXHIBITS: EXHIBIT P1 EXHIBIT P1: TRUE COPY OF THE NOTICE NO.B

RESPONDENT TO THE PETITIONER IN FORM NO.1 UNDER SECTION 3(2) OF THE KERALA FOREST (VESGING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003. EXHIBIT P2 EXHIBTI P2: TRUE COPY OF THE STATUTORY APPLICATION DATED 9.1.2015 SUBMITTED THE PETITIONER BEFORE THE IST RESPONDENT UNDER SECTION 10A OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003 ALONG WITH GROUNDS.

EXHIBIT P3 EXHIBIT P3: TRUE COPY OF THE COMMUNICATION NO.EFL-13-1368/15 DATED 18.2.2015 ISSUED BY THE CUSTODIAN (DFL) TO THE PETITIONER. EXHIBIT P4 EXHIBIT P4: TRUE COPY OF THE RELEVANT PORTION OF THE SALE DEED NO.1545/2009 OF VYTHIRI SUB REGISTRAR OFFICE DATED 1.12.2009. EXHIBIT P5 EXHIBTI P5: TRUE COPY OF THE POSSESSION

CERTIFICATE DATED 7.2.2015 ISSUED BY THE VILLAGE OFFICER, CHUNDALE IN RESPECT OF THE PROPERTY OF THE PETITIONER IN RS.NO.411/1PT OF CHUNDALE VILLAGE.

EXHIBIT P6 EXHIBIT P6: TRUE COPY OF THE INTERIM ORDER

DATED 30.3.2015 IN WPC NO.9366/2015 PASSED BY THE HON'BLE HIGH COURT OF KERALA. True copy PS to Judge W.P.(C).No.14044/15 4

Same Court & Year Kerala Orders · 2020 Same Parties Javed Mohammad vs Principal Chief Conservator of Forests Same Judge Honourable Mrs. Justice Anu Sivaraman