STATE OF KERALA Vs. VISHALAKSHI AMMA

JUDGEMENT

(1.) This appeal is filed by the State Government and its officials, who are the respondents in W.P.(C) No. 4772 of 2019, against the judgment of the learned Judge dated 03.12.2019.

(2.) After considering the rival submissions, the learned single Judge has disposed of the writ petition with the following directions at paragraph 5:

(3.) According to the appellants, the directions issued to the second respondent/appellant No.2, after arriving at a prima facie opinion on the issue of ownership certificates already issued, to consider whether time has been relaxed in any case for the purpose of granting the certificate of ownership and if so, under what circumstances, and if it is found that time has been relaxed in any case, to consider Ext.P7 representation also in that background, cannot be sustained for the reason that as per the provisions of Kerala Wild Life Protection Act, 1972 ('the Act 1972 for brevity) and Declaration of Wildlife Stock Rules, 2003 ('Rules, 2003' for brevity), time limits were prescribed for the issuance of certificate of possession of any forest or animal produce and registration respectively. It is also submitted by the appellants that the documents produced by the writ petitioner at Ext.P9 series are all certificates of ownership issued by the Chief Conservator of Forests on the basis of the applications submitted before the cut off date and Ext.P10 certificate of ownership is one issued to the legal heir of a certificate holder prior to the cut off date and therefore, the directions issued to the authorised officer to consider the application submitted by the writ petitioner placing reliance on those documents cannot be sustained under law.