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NAKUNNI, S/O. LATE RAMAN versus STATE OF KERALA,REPRESENTED BY THE

High Court of Kerala

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NAKUNNI, S/O. LATE RAMAN v. STATE OF KERALA,REPRESENTED BY THE - OP No. 38033 of 2002(C) [2007] RD-KL 16644 (4 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 38033 of 2002(C)

1. NAKUNNI, S/O. LATE RAMAN,
... Petitioner

Vs

1. STATE OF KERALA,REPRESENTED BY THE
... Respondent

2. DIVISIONAL FOREST OFFICER,

3. CUSTODIAN AND CONSERVATOR OF FORESTS

For Petitioner :SRI.ZAKEER HUSSAIN

For Respondent :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :04/09/2007

O R D E R

H.L.Dattu,C.J. & K.T.Sankaran,J.

O.P.No.38033 of 2002-C

Dated, this the 4th day of September, 2007



JUDGMENT

H.L.Dattu,C.J. What is questioned in this Original Petition is the notification issued by the State Government dated 20th October, 2000 pursuant to promulgation of Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance, 2000. (2) In our view, if for any reason the petitioner is aggrieved by the aforesaid notification, the same can be questioned by filing an appropriate application before the Tribunal constituted under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. (3) In view of the above, without going into the other details of the case, the Original Petition is disposed of. (4) However, liberty is reserved to the petitioner to question the inclusion of the lands belonging to the petitioner before the Tribunal by filing an appropriate application within forty five days from today. If such an application is filed within the time granted by this Court, the Tribunal shall consider the said application on its merits without reference to the period of limitation. Consequently, C.M.P.No.64233 of 2002 is also dismissed. Ordered accordingly. H.L.Dattu Chief Justice K.T.Sankaran Judge vku/-


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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