IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 29489 of 2009(O) ----------------------------------------- I.A.NO.17/2008 IN O.A.NO.28/2008 OF EFL TRIBUNAL, PALAKKAD ..... PETITIONER(S): -------------------------- 1. GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION, MANNARKKAD. 4. THE FOREST RANGE OFFICER, MANNARKAD RANGE, PALAKKAD. 5. THE DEPUTY FOREST RANGE OFFICER, PALAKKAYAM FOREST DEPOT, MANNARKKAD. BY SPL.GOVERNMENT PLEADER (FORESTS) SRI.M.P.PRAKASH RESPONDENT(S): ---------------------------- 1. SHAJAN K.JOHN, S/O.LATE JOHN VARGHESE, KALLUPALATHINGAL HOUSE, MUTTAMBALAMKARA, KOTTAYAM DISTRICT. 2. SHIBU K.JOHN, S/O.LATE JOHN VARGHESE, -DO- -DO- REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SHAJAN K.JOHN, THE IST RESPONDENT. R1 & R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29489/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTIFICATION NO.EFL6-121/2006 DTD. 1/07/08. P2: COPY OF ORIGINAL APPLICATION OA NO.28/2008. P3: COPY OF WRITTEN STATEMENT. P4: COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER. P5: COPY OF OBJECTION FILED AGAINST THE COMMISSION REPORT. P6: COPY OF I.A.NO.17/2008 IN O.A.28/2008. P7: COPY OF OBJECTION FILED IN I.A.17/2008 IN O.A.28/2008. P8: COPY OF I.A.38/2009 IN O.A.28/2008. P10: COPY OF I.A.39/2009. P11: COPY OF RP.NO.40/2009 FILED BEFORE THE FOREST TRIBUNAL. P12: COPY OF JUDGMENT DTD. 10/07/2009 IN WPC.NO.19136/2009 OF THIS HON'BLE COURT. P13: COPY OF ORDER DTD. 7/8/2009 IN IA.NO.17/2008 IN O.A.28/2008 OF THE TRIBUNAL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ------------------------- W.P (C) No.29489 of 2009 -------------------------- Dated this the 9th April, 2010 J U D G M E N T When this matter was taken up for hearing, learned counsel appearing for the respondents points out that petition can be disposed of by issuing a direction to dispose of O.A.No.28/2008 pending before the Tribunal for Ecologically Fragile Lands, Palakkad within a time frame to be fixed by this Court. 2. Learned Government Pleader contended that Ext.P13 may be kept in abeyance in the interests of justice. 3. Learned counsel appearing for the respondents submitted that he has no objection in keeping Ext.P13 in abeyance till the disposal of O.A No.28/2008. In the result, the writ petition is disposed of directing the Tribunal for Ecologically Fragile Lands, Palakkad to take up Ext.P2- O.A No.28/2008 and dispose of the same, as early as possible, at any rate, within three months from the date of appearance, which is fixed on 5.5.2010. Till such time, the operation of Ext.P13 shall be kept in abeyance. P.BHAVADASAN, JUDGE ma 2 3