IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 149 of 2006()
1. STATE OF KERALA, REPRESENTED BY DISTRICT
... Petitioner
2. CUSTODIAN OF VESTED FORESTS &
3. THE DIVISIONAL FOREST OFFICER,
4. THE FOREST RANGE OFFICER, THOLPETTY
Vs
1. BRAHMAGIRI B ESTATE, REPRESENTED BY THEM
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.S.V.BALAKRISHNA IYER SENIOR ADVOCATE
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :03/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - - - -
C.R.P. No.149 OF 2006
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 3rd day of June, 2010
ORDER
Basheer, J.
This revision petition is at the instance of the State of Kerala and
officials of the Forest Department. It is directed against an interim
order passed by the District Court, Wayanad in a Civil Miscellaneous
Appeal. By the impugned order, the court below gave permission to
the respondent herein to pluck ripe coffee beans from plaint B schedule
property in O.S.No.21/2005 on the file of Subordinate Judge’s Court,
Sulthan Bathery. The learned District Judge made it clear that the
permission was only provisional and that it would not confer any right
on the petitioner over the property in question.
2. O.S.No.21/05 referred to above was filed by the
respondent. It is brought to our notice that the suit was dismissed for
non payment of court fee on May 21, 2009. Even prior to this, the
Civil Miscellaneous Appeal from which this revision petition has
arisen, was dismissed by the District Court on July 19, 2008.
CRP.No.149/2006 2
In view of the above subsequent developments , the revision
petition has become infructuous. It is accordingly dismissed. It is
made clear that it would be open to the petitioners to take recourse to
appropriate remedies in accordance with law, if in case the suit happens
to be restored at a later stage.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
CRP.No.149/2006 2