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V.M.KUMARAN P versus STATE OF KERALA

High Court of Kerala

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V.M.KUMARAN P v. STATE OF KERALA - OP No. 37356 of 2001(V) [2007] RD-KL 10835 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 37356 of 2001(V)

1. V.M.KUMARAN P
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.T.M.ABDUL LATHEEF

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :20/06/2007

O R D E R

KURIAN JOSEPH J. O.P. NO.37356 OF 2001 Dated 20th June, 2007.

J U D G M E N T

The writ petition is filed mainly with the following prayer :-

"To issue a writ of mandamus declaring that the property of the petitioners is not a forest land and that it is revenue land in the possession of the petitioners for the past several years and to direct the respondents to issue patta in respect of the same." It is stated in the counter affidavit that the petitioners are rank encroachers of forest land. Be that as it may, in view of the stand taken in the counter affidavit and since the petitioners have sought for a writ of mandamus, it is for them to approach the competent authority. It is seen that pursuant to the directions issued by this Court, The Divisional Forest Officer has passed Ext.P14 order stating that the land in question is in the absolute enjoyment and ownership of the Forest Department and the petitioners have no right over the same. In case the petitioners have still any dispute on the facts, it is for them to pursue the grievance before the Government. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs OP NO. 2

KURIAN JOSEPH, J.

O.P. NO.37356 OF 2001 (V)

J U D G M E N T

Dated 20th June, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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