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2020 Supreme(Online)(KER) 38757

HIGH COURT OF KERALA
ANU SIVARAMAN, J
C.A.ARIF – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.S.SIDHARTHAN

JUDGMENT

1. This writ petition is filed with the following prayers:-

i) declare that the trees which are not mentioned in the schedule of the patta under Kerala Land Assignment rules do not belonged to the government.

ii) call for records leading to Ext.P3 and issue a writ in the nature of certiorari quashing the same.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that Ext.P3 order of confiscation has been passed without considering the petitioner's contentions that the reasoned questions are not mentioned in the schedule to the patta issued under the Land Assignment Rules and that they do not belong to the government. It is submitted that the order passed without considering the contentions is liable to be quashed.

4. The learned Government Pleader submits that the essential challenge is against Ext.P3 order which is an order of confiscation issued under Section 61 of the Kerala Forest Act , 1961. It is submitted that the said order is subject toan appeal in terms of Section 61 D of the Act. It is submitted that a further remedy of revision to this Court is also provided in terms of th

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