Ker HC | Review against petition pertaining to rights of forest dwellers maintainable where petition disposed of without considering all prayers

Kerala High Court: The Division Bench of Hrishikesh Roy, CJ and A.K. Jayasankaran Nambiar, J. allowed withdrawal of a writ appeal opining that since the same pertained to rights of forest dwellers, the proper course would be a review against the writ petition which was disposed of hastily.

The present case pertained to rights of traditional forest dwellers. Mr K.S. Madhusoodanan, learned counsel appearing for the appellant submitted that while many reliefs were sought in the petition filed for rights of forest dwellers, and the counsel therein was making submission before the learned Judge only for interim relief, the entire case was disposed of without enabling the appellant (petitioner in the said writ petition) to make submission on other prayers. Thus, the Court had no opportunity to deal with other ten substantial prayers in the writ petition.

In such circumstances, Mr Madhusoodanan submitted that he may be permitted to withdraw the present appeal so that a review petition could be filed before the writ court for fresh consideration of the matter particularly when, neither the State nor the Central Government had occasion to file any counter affidavit in the writ petition. His submission was that when important rights for traditional forest dwellers is being espoused in the writ proceedings, it would be appropriate if prayers are considered after the counter affidavit(s) are placed on record, indicating the stand of the State and the Central Government.

In view of the aforesaid submissions, the Court dismissed the instant appeal as not pressed, and granted the appellant the liberty to file a review petition. [Adivasi Kanikkar Samyuktha Sangham v. Union of India, 2019 SCC OnLine Ker 817, Order dated 08-03-2019]

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