IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 841 of 2007()
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Petitioner
2. THE DIVISIONAL FOREST OFFICE,PALAKKAD.
3. THE FOREST RANGE OFFICER,WALAYAR.
Vs
1. K.G.KURUVILLA,POWER OF ATTORNEY HOLDER,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.C.E.UNNIKRISHNAN
The Hon'ble the Acting Chief Justice MR.K.S.RADHAKRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/04/2007
O R D E R
K.S.RADHAKRISHNAN, Ag.C.J. &
M.N.KRISHNAN, J.
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W.A.No.841 of 2007
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Dated, this the 2nd day of April, 2007
JUDGMENT
Radhakrishnan, Ag.C.J.
Heard learned counsel on either side.
2. we find it unnecessary to examine the various
contentions raised before us since the matter is already seized
before the District Court, Palakkad in C.M.A.No.63 of 2006. The
writ petition was preferred by the respondent herein seeking a
writ of mandamus directing the District Judge, Palakkad to
consider and dispose of C.M.A.No.63 of 2006 and also for a writ
of mandamus directing respondents 2 and 3 and their
subordinate officers not to obstruct the agricultural operations
and the peaceful possession and enjoyment of the petitioner over
the area identified as Zone I of the property by this Court in
M.F.A.No.610 if 2003 and the buildings situated within the
property.
3. We are of the view that the learned Single Judge could
have disposed of the writ petition either directing the District
Judge to pass appropriate orders on the interim application
preferred by the respondent or to dispose of the C.M.A. itself at
W.A.No.841/2007 2
the earliest, rather than examining the issues under Article 227
of the Constitution of India. Therefore, we are inclined to dispose
of this writ appeal with a direction to the District Judge, Palakkad
to dispose of C.M.A.No.63 of 2006 at the earliest with a further
direction to dispose of the interim application at the earliest, at
any rate on or before 13.4.2007. We make it clear that the
respondent if so advised may make an application for
appointment of an Advocate Commissioner to ascertain the
details of the agricultural operations which he claims to have
effected in the property in question and seek appropriate orders
in accordance with law before the court below. The impugned
judgment passed by the learned Single Judge is modified
accordingly without expressing any opinion on the merits of the
case.
Writ appeal is disposed of as above.
K.S.RADHAKRISHNAN,
Ag.CHIEF JUSTICE.
M.N.KRISHNAN,
JUDGE.
vns