High Court Kerala High Court

State Of Kerala vs Brahmagiri B Estate on 3 June, 2010

Kerala High Court
State Of Kerala vs Brahmagiri B Estate on 3 June, 2010
       

  

  

 
 
  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.
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                           C.R.P. No.149 OF 2006
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                     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