Published On: November 06, 2021 at 14:10 IST
The Supreme Court dismissed an Appeal under Article 136 of the Constitution in the case of State of Kerala Anr. v. Poplar Estates (Now Dissolved) Anr, which challenged the Kerala High Court’s Judgment in a case related to the vesting of private forests.
Article 136(1) of the Indian Constitution states that “(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.”
The Supreme Court refused to interfere with the factual findings by the High Court and observed that in case there is some authority for the proposition that where two plausible views on the conclusions that can be drawn from facts on the record exist the Court would have the Discretionary Jurisdiction under Article 136 to not interfere with the finding of the High Court.
The Coram of Justices Indira Banerjee and S. Ravinder Bhat stated, “This Court is therefore of the opinion that no interference with the impugned judgment of the High Court is called for.”
The Supreme Court cited the case of Taherakhatoon By Lrs. v. Salambin Mohammad (1992) that held that “Even though we are now dealing with the appeal after grant of special leave, we are not bound to go into merits and even if we do so and declare the law or point out the error- still we may not interfere if the justice of the case on facts does not require interference or if we feel that the relief could be moulded in a different fashion.”
The Apex Court noted many cases in support of their view and the decision that it would not be interfering with the Judgment given by the Kerala High Court as the latter’s Judgment was reasonable and there was nothing illegal with it.
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