Shamsudeen.T.E. Vs. Conservator of Forests.

Shamsudeen.T.E. vs Conservator of Forests.

Type Court Judgment Court Kerala Decided May 19, 2010

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Citation: sooperkanoon.com/916907
Court: Kerala High Court
Judge: Antony Dominic, J.
Decided On: May 19, 2010
Case Number: WP(C).No. 15233 of 2010(D)
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

[MR. JUSTICE AJIT J GUNJAL; MR.JUSTICE C.R.KUMARASWAMY, JJ.] This M.F.A is filed under section 173(1) of MV act against the judgment and award dated 08.09.2010 passed in MVC no.797/2008 on the file of the I additional small cause judge and MACT, Bangalore. partly allowing the claim. petition for compensation and see...

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Shamsudeen.T.E.

Advocate SRI.N.K.KARNIS, Adv.

Respondent

Conservator of Forests.

Legal References

Reported In: ILR2010(4)Ker146

Excerpt

[mr. justice ajit j gunjal; mr.justice c.r.kumaraswamy, jj.] this m.f.a is filed under section 173(1) of mv act against the judgment and award dated 08.09.2010 passed in mvc no.797/2008 on the file of the i additional small cause judge and mact, bangalore. partly allowing the claim. petition for compensation and seeking enhancement of compensation.1. the petitioner is a forest range officer. it is stated by ext.p1 dated 25.9.2009 that he was transferred from mullaringad to thattekkadu, which are closely situated stations. subsequently, by ext.p2 dated 13.5.2010, the petitioner is transferred and posted to kozhikode, which is under challenge. 2. having regard to the close proximity of the place to which he was posted that there is no substance of the claim of the petitioner that he has already suffered a transfer and hence could not have been transferred by ext.p2. in any case, the post is a transferable post and no malafidies are made out. therefore, i do not find any merit in the writ petition. writ petition is therefore dismissed. 3. however, it is made clear that if the petitioner is aggrieved by ext.p2 it will be open to the petitioner to seek its modification by filing an appropriate application before the competent authority, in which event; the same will be dealt with, in accordance with law, without any delay.

Full Judgment

1. The petitioner is a Forest Range Officer. It is stated by Ext.P1 dated 25.9.2009 that he was transferred from Mullaringad to Thattekkadu, which are closely situated stations. Subsequently, by Ext.P2 dated 13.5.2010, the petitioner is transferred and posted to Kozhikode, which is under challenge.

2. Having regard to the close proximity of the place to which he was posted that there is no substance of the claim of the petitioner that he has already suffered a transfer and hence could not have been transferred by Ext.P2. In any case, the post is a transferable post and no malafidies are made out. Therefore, I do not find any merit in the Writ Petition. Writ Petition is therefore dismissed.

3. However, it is made clear that if the petitioner is aggrieved by Ext.P2 it will be open to the petitioner to seek its modification by filing an appropriate application before the competent authority, in which event; the same will be dealt with, in accordance with law, without any delay.

Same Court & Year Kerala · 2010 Same Parties Shamsudeen.T.E. vs Conservator of Forests. Same Subject Land Acquisition Same Judge Antony Dominic, J.

Land Acquisition