IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2048 of 2007()
1. GREEN ACRES AMUSEMENTS (P) LIMITED,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE CONSERVATOR AND
3. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.M.C.JOHN
For Respondent :SPL.GOVT.PLEADER (FOREST)
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/09/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN,J.
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W.A. NO. 2048 OF 2007 E
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Dated this the 10th September, 2007
JUDGMENT
H.L.DATTU, C.J.
Ext.P1 notification published under Rule 2A of the Kerala Private
Forests (Vesting and Assignment) Rules, 1974, is questioned by the
appellant/petitioner in O.P.No.19351 of 2001.
2. Learned single Judge has disposed of the Original Petition only
on the ground that the petitioner, being aggrieved by Ext.P1 notification,
has already filed an application as envisaged under Section 8 of the Kerala
Private Forests (Vesting and Assignment) Act, 1971 and the said
application is pending consideration.
3. Learned single Judge is of the opinion that parallel proceedings
are impermissible in law. The view taken by the learned single Judge, in
our opinion, is correct.
4. If the petitioner’s application is pending, it is for the petitioner to
request the Forest Tribunal, before whom the application is pending, to
decide that application as directed by this Court in accordance with law, as
expeditiously as possible. This is the view of the learned single Judge. In
our opinion, this finding and conclusion reached by the learned single
Judge will never be characterized as arbitrary, illegal or erroneous.
Therefore, interference of the said order is not called for.
W.A. NO.2048 OF 2007
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The Writ Appeal, therefore, requires to be rejected and it is rejected.
Ordered accordingly.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
ahz/