THE SUKHIYA MUHAMMADIYA TRUST v. THE DISTRICT FOREST OFFICER

THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 726 OF 2020 AGAINST THE JUDGMENT DATED 1.10.2019 IN WP(C) NO.16945 OF 2018 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: THE SUKHIYA MUHAMMADIYA TRUST SUKHIYA CENTRE, BUILDING NO.592, CHERUATTA, KARUVATTOOR, KOZHIKODE DISTRICT, REPRESENTED BY ITS TRUSTEE MUHAMMED VALLAKKAL, S/O.KUNHIMU, GOSALAKKAL, MERIKUNNU, PARUVILKADAVU P.O., KOZHIKODE DISTRICT. BY ADV SUNNY MATHEW RESPONDENTS/RESPONDENTS: 1 2 3 4 THE DISTRICT FOREST OFFICER OFFICE OF THE DISTRICT FOREST OFFICER, KOZHIKODE. THE FOREST RANGE OFFICER, OFFICE OF THE FOREST RANGE OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. THE TAHSILDAR, THAMARASSERY TALUK, KOZHIKODE DISTRICT. THE DISTRICT COLLECTOR, WA NO. 726 OF 2020 -2- COLLECTORATE, KOZHIKODE. 5 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. K.P. HARISH, SR.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 726 OF 2020 -3- Dated this the 4 April 2025 JUDGMENT th day of NITIN JAMDAR, C.J. Heard Mr. K.P. Harish, learned Senior Government Pleader for the State.

#2. On 11 February 2025, the following order was passed: “Heard Mr. V. Tekchand, learned Senior Government Pleader appearing for the State. None appears for the Appellant.

#2. On 11 December 2024, the following order was passed:- “Heard Mr.Anooj.J, learned counsel appearing for Sunny Mathew.

#2. Learned counsel for the Appellant states that the Appellant has not contacted him and seeks time. The Writ Petition was filed by the Appellant to challenge the notice for eviction which was rejected. Thereafter the appeal is filed and is kept pending. No interim order is operating in this appeal. Request is made on behalf of the Government Pleader seeking time to get instruction whether eviction has already taken place.

#3. Stand over to 11 February 2025. We make it clear that there is no interim order in this appeal operating at present.” WA NO. 726 OF 2020 -4-

#3. Learned Senior Government Pleader, on instructions, states that eviction has already taken place and the possession is now with the State. Perhaps that is the reason the Appellant has not appeared.

#4. Post on 4 April 2025. If none appears on the next date, appropriate order will be passed. “ None appears for the Appellant again. The appeal is accordingly disposed of for non prosecution. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE