Theruvan Agro Farms (Pvt) Ltd vs State Of Kerala on 17 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 18157 of 2002(J)


1. THERUVAN AGRO FARMS (PVT) LTD.,
                      ...  Petitioner
2. THERUVAN PLANTATIONS (PVT) LTD.,
3. THERUVAN SPICE FARM (PVT) LTD.,
4. BERNARD MANUEL, THERUVANKUNNEL HOUSE,

                        Vs



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

2. THE CHIEF CONSERVATOR OF FOREST,

3. THE DIVISIONAL FOREST OFFICER,

4. THE TAHSILDAR, ALATHUR TALUK,

                For Petitioner  :SRI.MATHAI M PAIKADAY(SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/09/2009

 O R D E R
                              S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                         O.P. No. 18157 of 2002
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 17th September, 2009.

                             J U D G M E N T

In this original petition, the petitioners are challenging Ext. P3

notification issued by the Government of Kerala under the Kerala

Private Forests (Vesting and Assignment) Act, 1991 declaring that the

properties mentioned in that notification, which included the

petitioners’ property, vest with the Government under the Act.

I am of opinion that the petitioners’ remedy against the same

lies in filing an original application before the Forest Tribunal

concerned as provided in the Act itself. Therefore, without prejudice

to that right, if the petitioners can still maintain such an O.A at this

point of time, this original petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.