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2006 Supreme(Online)(KER) 2769

HIGH COURT OF KERALA
VK BALI, CJ, S. SIRI JAGAN, J
C K KUNJUMOHAMMED – Appellant
Versus
THE DIVISIONAL FOREST OFFICER,NILAMBUR – Respondent


JUDGMENT

V.K.Bali,C.J.(Oral)

The petitioner appears to be holding a piece of land measuring 2.17 acres of land in Sy.Nos.5/5 and 6/2 of Nilambur Village which is part of 40 acres of arable land encircled by Kuthirapuzha (a tributary river of Chaliar) and Nilambur Reserve Forest. He conducts a brick manufacturing unit in the said land. It is the positive case of the petitioner that the only access to the said land from Manjeri – Nilambur Road is through a forest path way beyond the area where offices and quarters of the Forest officials are situated. The petitioner manufactured about 20 lakhs of bricks during the current season investing more than Rs.30 lakhs taken as loan from money lenders. The bricks are ready for sale from January 2006. While so, the forest officials prevented him and the other land owners in the encircled stretch of arable land to use the W.P(C). No.22781/2005 2 ghat road abruptly and without any notice. It is the case of the petitioner that any delay in the matter by not permitting him to use the ghat road, he will suffer irreparable loss and he would be deprived of the only source of livelihood that he has. He thus seeks a writ of mandamus directing the respond

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