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1982 Supreme(Ker) 166

K.K.NARENDRAN
DIVISIONAL FOREST OFFICER – Appellant
Versus
CHERIYAN – Respondent


Judgment :-

1. The short point that arises for consideration in this Civil Miscellaneous Petition is whether the High Court has the power to review or reconsider an interlocutory order passed in an original petition under Art.226 of the Constitution pending the original petition, even if the order was passed after hearing the party seeking the review. The further point is whether the insertion of the Explanation to S.141 of the

Code of Civil Procedure, 1908 by the 1976 Amendment Act making the procedure provided in the Code not applicable to proceedings under Art.226 of the Constitution, will in any way affect the powers of the High Court in this regard. This petition for review has been filed by the Divisional Forest Officer, Palghat, the 2nd respondent in the O. P.

2. The short facts of the case, shorn of unnecessary details, are: The petitioner in the original petition, who is the counter-petitioner in the petition for review, got an assignment of 92 acres of land from one Parukutty Mannadissiar. He cut the trees from Sy No. 1580 included in the lands he got. As the forest authorities did not give him transit permits for the transport of timber he approached this Court with the or



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