Kerala High Court
E.S. Shamsudheen vs The Chief Conservator Of Forests on 4 September, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
WP(C).No. 31949 of 2004 (C)
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PETITIONER(S):
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E.S. SHAMSUDHEEN, S/O.LATE E.K. SAYED,
MOHAMED, EDAVANAKAT HOUSE,
'MAHIMA', PUTHIYA ROAD, KARA ERIYAD,
KODUNGALLUR.
BY ADV. SRI.T.H.ABDUL AZEEZ.
RESPONDENT(S):
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1. THE CHIEF CONSERVATOR OF FORESTS,
(WILD LFE WING), THIRUVANANTHAPURAM.
2. THE FOREST RANGE OFFICER,
VELLIKULANGARA, THRISSUR DISTRICT.
3. E.S. ABDUL GAFOOR,
S/O.LATE E.K. SYED MOHAMMED,
EDAVANAKAT HOUSE, THIRUVANCHIKULAM,
KODUNGALLUR.
R1 & R2 BY GOVT. PLEADER MR.NOUSHAD THOTTATHIL.
R3 BY ADVS. SRI.KKM.SHERIF,
SRI.K.K.JAYASOORIAN,
SRI.P.M.KUNJIMOIDEENKUTTY,
SRI.P.A.MOHAMMED ASHROF,
SRI.LAL K.JOSEPH,
SRI.A.A.ZIYAD RAHMAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 31949 of 2004 (C)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE BIO-DATA OF THE ELEPHANT.
EXT.P2 COPY OF THE SALE DEED DATED 04/09/2000 EXECUTED BY THE
PREVIOUS OWNER SMT.SUBAIDA BEFORE THE NOTARY PUBLIC.
EXT.P3 COPY OF THE INSURANCE POLICY ISSUED TO THE PETITIONER
BY THE NATIONAL INSURANCE COMPANY.
EXT.P4 COPY OF THE REPRESENTATION DATED 26/04/2004 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P5 COPY OF THE REPRESENTATION DATED 26/04/2004 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:-
EXT.R2A COPY OF THE NOTICE NO.VI.157/01 DATED 11/12/2001 ISSUED
BY FOREST RANGE OFFICER, VELLIKULANGARA.
EXT.R2B COPY OF THE POSTAL ENVELOPE SHOWING THE RETURN
OF NO.VI.157/01 -DO- -DO-.
EXT.R2C COPY OF THE NOTICE DATED 29/01/2002 SENT TO THE
APPLICANT TO PRODUCE THE RECORDS AND ELEPHANT
TO RANGE OFFICER, VELLIKULANGARA ON 08/02/2002.
EXT.R2D COPY OF THE PURCHASE DOCUMENT SIGNED BY
SMT.SUBAIDA FOR THE SALE OF THE ELEPHANT TO
SRI.E.S. SHAMSUDHEEN.
EXT.R2E COPY OF THE OWNERSHIP CERTIFICATE NO.105/04
DATED 31/07/2004 ISSUED BY THE CHIEF WILDLIFE WARDEN.
//TRUE COPY//
P.A. TO JUDGE
rs.
A.V. RAMAKRISHNA PILLAI, J.
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W.P.(C) No. 31949 of 2004
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Dated this the 18th day of June, 2014
J U D G M E N T
The petitioner, who is claiming himself to be the owner of an elephant by name, 'Unnikrishnan', has approached this Court alleging that respondents 1 and 2 have not considered and disposed of Exts.P4 and P5 representations submitted by him so far.
2. The petitioner alleges that he had purchased the aforesaid elephant as per Ext.P2 sale deed and it was insured with National Insurance Company for a sum of 3,00,000/- as per Ext.P3 policy. He submitted Exts.P4 and P5 representations before respondents 1 and 2 for issuing Ownership Certificate of the elephant to him. His grievance is that respondents 1 and 2 have not considered Exts.P4 and P5 so far. It is with this background, the petitioner has come up before this Court.
3. In the counter affidavit filed by the 2nd W.P.(C) No. 31949 of 2004 ..2..
respondent, it was contended that though notices have been issued to the petitioner to appear before the 2nd respondent, he has not turned up as directed. In support of their case that they have issued notices, they produced Ext.R2 series.
4. Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner is ready to appear before the 2nd respondent with the documents in support of his claim on a date fixed by this Court.
5. As the only objection raised by the State is that the petitioner has not turned up although directions have been issued by the State to appear before the 2nd respondent, this Court is of the view that this writ petition can be disposed of directing the petitioner to appear before the 2nd respondent on a specific date.
Therefore, the petitioner is directed to appear before the 2nd respondent on 11 a.m. on 15.07.2014 with the relevant documents in support of his claim. In the event W.P.(C) No. 31949 of 2004 ..3..
of appearance and submission of records, Exts.P4 and P5 shall be considered by the 2nd respondent and appropriate orders shall be passed in the matter.
To facilitate an early action, it shall be open to the petitioner to produce this judgment along with copies of Exts.P4 and P5 representations before the 2nd respondent when he appears on the aforesaid date.
The writ petition is disposed of as above.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-