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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
Bibi Baby – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. appellant's claim on access to property. (Para 1 , 2 , 3) |
| 2. provisions under the forest (conservation) act. (Para 4 , 5 , 6 , 7 , 8) |
| 3. distinction from precedent mining case. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion on the dismissal of appeals. (Para 15 , 16 , 17 , 18) |
JUDGMENT
Soumen Sen, C.J.
W.A.No.1207 of 2019 is arising out of the judgment dated 01.04.2019 passed by the learned Single Judge in a writ petition, wherein the petitioner challenged the decisions of the respondent authorities restraining him from using the Idamalayar Irrigation Project (IIP) Canal Bund Road for non-forest purposes. The petitioner contended that he has no other access to his property except through the said road.
2. In fact, three writ petitions were heard and by a common judgment dated 01.04.2019, they were disposed of directing the 4th respondent, namely Divisional Forest Officer to take up, consider and pass appropriate orders on Ext.P7 representation preferred by the petitioner in W.P.(C)No.31390 of 2017 within a time frame. All other writ petitions namely W.P(C)Nos.26306, 32033, 39136 of 2017 and 36926 of 2018 were dismissed.
3. The present appellant is the writ petitioner in
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