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Non-implementation of directions is an abuse of process of court

Raj Kumar Makkad ,
  28 May 2010       Share Bookmark

Court :
High Court of Karnatka
Brief :
Removal of encroachment in the forest land - Eviction notice under Section 68A of Tamil Nadu Forest Act - Violation of principles of natural justice
Citation :
M. Christopher v. The Forest Range Officer, Azagia Pandipuram Range (Decided on 05.05.2010) MANU/TN/0453/2010

Held, the Appellant did not respond to the notice, but he has sent the reply stating that the Court Judgment and decree and other material documents are binding upon the Forest Department and that he cannot be called upon to produce the documents. When the Appellant has not chosen to produce the documents it is not open to the Appellant to raise the plea of violation of principles of natural justice. It is a clear case of abuse of process of Court that the Appellant remains in possession by obtaining one order or other by moving the Court. Writ Appeal is dismissed.


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Published in Property Law
Views : 1417