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2011 Supreme(Ker) 48

THOTTATHIL B.RADHAKRISHNAN
Joseph and Company – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:M.C. Sen (SR.), Advocate. For the Respondents:Advocate General.

Judgment :

1. This writ petition is filed seeking to quash Ext.P39 order of the Government confirming its decision to terminate the lease of 246.26 acres reserve forest land (Beatrice Estate) at Nelliampathy in Palakkad district on grounds of violation of conditions of the lease agreement dated 15.12.1979 and the provisions of the Forest (Conservation) Act, 1980, hereinafter referred to as the 'FC Act'. Ext.P41 proceedings of the Divisional Forest Officer, Nemmara holding that Smt.Meera Scaria, the Managing Partner of the writ petitioner firm, is not entitled to the amount in deposit in terms of earlier proceedings is also under challenge.

2. In terms of a notification of January, 1953, certain abandoned portions of Beatrice Estate was auctioned out by the erstwhile Travancore-Cochin Government. One P.I.Joseph bid and took possession of an extent, including 246.26 acres out of the south block on 10.5.1955. He, however, did not execute any lease agreement with the Government and later, that area was assigned by him under Ext.P6 sale deed to K.K.Joseph. That document dated 28.2.1974 was registered on 15.3.1974 in the jurisdictional Sub Registrar's Office. A partnership with K.K.Jospe










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