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1999 Supreme(Ker) 354

State of Kerala – Appellant
Versus
Margrate Joshy – Respondent


Judgment :-

P.K. Balasubramanyan, J.

This Original Petition is filed under Arts.226 and 227 of the Constitution of India challenging the decision of the District Judge of Trichur in C.M.A. 75 of 1988, an appeal filed under S.61D of the Kerala Forest Act. Appeal under S.61D of the Act is to the District Judge having jurisdiction over the area in which the property to which the order relates has been seized. Under sub-s.2, S.6 ID of the Act an order of the District Judge under sub-s.1 shall be final. At the hearing of the Original Petition an objection was taken on behalf of the respondents that the order challenged was one passed by a civil court and no writ of certiorari can be issued to the civil court and therefore, this Court could not exercise jurisdiction under Art.226 of the Constitution of India. The learned judge after noticing the divergence of opinion in this Court regarding the maintainability of a petition under Art.226 of the Constitution of India has referred the Original Petition to a Division Bench for decision.

2. We may straightaway notice that nobody had a case that this court could not exercise jurisdiction under Art.227 of the Constitution of India even if the or












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