IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 OP(C).No. 3958 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 102/2011 IN OA.28/2008 of TRIBUNAL FOR THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS), PALAKKAD .................... PETITIONER (S): ------------------------------ SHAJAN.K.JOHN,KALLUPALATHINGAL HOUSE, MUTTAMBALAM KARA,KOTTAYAM DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER P.V.JOHN,AGED 77 YEARS,S/O.P.V.VARGHESE,PAREKADAVIL HOUSE, NATTAKOM VILLAGE,PALLAM PO,KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA,GOVT.SECRETARIAT, THIRUVANANTHAPURAM,REP.BY ITS SECRETARY TO GOVERNMENT,DEPT.OF FOREST, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS,FOREST HEAD QUARTERS, THIRUVANANTHAPURAM 695 014. 3. THE DIVISIONAL FOREST OFFICER, MANNARKAD FOREST DIVISION,MANNARKAD , PALAKKAD DISTRICT 678 582. 4. THE FOREST RANGE OFFICER, MANNARKAD RANGE,PALAKKD DISTRICT 678 582. 5. THE DEPUTY FOREST RANGE OFFICER, PALAKKAYAM FOREST DEPOT,MANNARKAD VIA, PALAKKAD DISTRICT 678 591. BY SPECIAL G.P. (FORESTS) ADV. M.P.MADHAVAN KUTTY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.3958/2011 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF OA NO.28/2008 PENDING ON THE FILE OF THE LEARNED TRIBUNAL FOR ECOLOGICALLY FRAGILE LANDS (PALAKKAD) EXHIBIT P2 TRUE COPY OF THE REPORT DATED 24/11/2008 OF THE LEARNED ADVOCATE COMMISSION EXHIBIT P3 TRUE COPY OF THE ORDER DATED 7/8/2009 IN IA NO.17/2008 IN OA NO.28/2008 OF THE LEARNED TRIBUNAL FOR ECOLOGICALLY FRAGILE LANDS (PALAKKAD) EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 9/4/2010 IN WPC NO.29489/2009 OF THIS HONOURABLE COURT EXHIBIT P4(A) TRUE COPY OF THE JUDGMENT DATED 2/8/2011 IN OPC NO.2493/2011 OF THIS HONOURABLE COURT EXHIBIT P5 TRUE COPY OF IA NO.102/2011 FILED BY THE PETITIONER ALONG WITH THE AFFIDAVIT IN EXT.P1.O.A. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 14/11/2011 IN IA NO.102/2011 IN OA NO.28/2008 OF THE LEARNED TRIBUNAL FOR ECOLOGICALLY FRAGILE LANDS,PALAKKAD. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3958 of 2011 -------------------------------------- Dated this the 6th day of December, 2011. JUDGMENT Learned Government Pleader (Forests) appears for the respondents. 2. Challenge is to Ext.P6, order dated 14.11.2011 on I.A.No.102 of 2011 in O.A.No.28 of 2008 of the Tribunal for the Kerala Forest (Vesting and Management of Ecologically Fragile Lands), Palakkad (for short, “the Tribunal”). On an earlier occasion petitioner sought examination of one Dr. S.Sankar, an expert in the matter of ecological fragile land as a witness on his side and this Court allowed petitioner to examine that witness. Later, contending that the said witness has declined to give evidence for whatever reason it be, petitioner requested the Tribunal to permit him examine one Shri K.K.Chandran, a retired Deputy Conservator of Forests as an expert witness on his side. For that purpose petitioner filed Ext.P5, application – I.A.No.102 of 2011. That application was dismissed by Ext.P6, order on the ground that this Court has prescribed time limit for disposal of the O.A. Learned counsel contends that in the circumstances stated above, examination of Shri K.K.Chandran as witness is necessary, otherwise it will be amount to shutting out evidence of petitioner. It is also contended that the time for disposal of O.A.No.28 of 2008 expires only by 28.03.2012. Learned counsel submits that petitioner will not make any further request for examination of any other expert OP(C)No.3958/2011 2 witness whether or not the said K.K.Chandran is available for examination. That submission is recorded. 3. In the light of the above I am inclined to give permission to the petitioner to examine Shri K.K.Chandran as witness. Resultantly this Original Petition is allowed. Ext.P6, order is set aside and Ext.P5, application will stand allowed. Petitioner is permitted to examine Shri K.K.Chandran as requested in Ext.P5, application. THOMAS P.JOSEPH, Judge. cks