High Court Kerala High Court

The Wildlife Warden vs C.K.Muhammed Sherief on 2 July, 2008

Kerala High Court
The Wildlife Warden vs C.K.Muhammed Sherief on 2 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1024 of 2004()


1. THE WILDLIFE WARDEN, SULTAN BATHERY.
                      ...  Petitioner
2. THE SECRETARY TO FOREST DEPARTMENT,
3. SECRETARY TO REVENUE DEPARTMENT,

                        Vs



1. C.K.MUHAMMED SHERIEF, C.K.WOOD
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.JOHNSON MANAYANI

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :02/07/2008

 O R D E R
               H.L.DATTU, C.J. & A.K.BASHEER, J.
              -----------------------------------------------------
                           W.A.No.1024 of 2004
                  ----------------------------------------------
                  Dated, this the 2nd day of July, 2008

                                JUDGMENT

H.L.Dattu, C.J.

This appeal is directed against the orders passed by the

learned Single Judge in O.P.No.46 of 1998 dated 27-1-2003. It so

happens that the learned Single Judge had clubbed O.P.No.46 of 1998

with O.P.No.2618 of 2003 and by common order dated 27th January,

2003 had disposed of both the original petitions. In that had issued a

direction to the second respondent to consider the case and pass

appropriate orders.

2. The State had preferred two appeals against the common

order passed by the learned Single Judge. The first appeal filed by the

State against the order in O.P.No.2618 of 2003 is W.A.No.436 of 2004

and the second appeal is W.A.No.1024 of 2004 filed against the order

in O.P.No.46 of 1998.

3. Writ Appeal No.436 of 2004 came to be disposed of by

order dated 8th November, 2004 on the ground that the respondents have

already complied with the orders and directions issued by this Court by

W.A.No.1024 of 2004 -2-

passing order dated 22-5-2004 and accordingly, the appeal came to be

disposed of, having become unnecessary.

4. What has been said by the Division Bench of this Court

in W.A.No.436 of 2004, requires to be said in this writ appeal also.

Since the respondent has complied with the orders and directions issued

by the learned Single Judge by passing order dated 22-5-2004, nothing

survives in this appeal for our consideration and decision. Therefore,

this writ appeal is also disposed of, as having become unnecessary..

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

MS