IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 W.A.No. 1526 of 2008 ------------------------------ AGAINST THE JUDGEMENT IN WPC.5425/2008 Dated 18/04/2008 .................... APPELLANTS / RESPONDENTS IN W.P. ------------------------------------------------------ 1. THE DIVIONAL FOREST OFFICER, NEMMARA, PALAKKAD. 2. THE FOREST RANGE OFFICER, ALATHUR, PALAKKAD. BY SPECIAL GOVERNMENT PLEADER SRI.RANJITH THAMPAN RESPONDENTS / PETITIONERS IN W.P. -------------------------------------------------------- 1. M.K.ABDULKHADER, S/O.KANNUMANI, NELLIKODE HOUSE, VANDAZHY.P.O., ALATHUR, PALAKKAD. 2. ARAVINDAKSHAN, S/O.K.K.NAIR, KAVILPADU, PUDUPARIYARAM, PALAKKAD. Addl. R3. THE CHAIRMAN/CONVENOR STATE LEVEL COMMITTEE FOREST HEAD QUARTERS VAZHUTHACAUD TRIVANDRUM - 4 (Additional respondent No.3 impleaded suo motu as per judgment dated 22.8.08) BY ADV. SRI.M.C.JOHN FOR R1 & 2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1526 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August 2008 JUDGMENT A.K.BASHEER, J. Two officials in the Forest Department have preferred this writ appeal impugning the direction issued by the learned Single Judge to reconsider Exts.P5 and P6 applications submitted by the respondents and pass appropriate orders thereon, keeping in view the observations made in the judgment. 2. In view of the intervening developments that have been brought to our notice during the pendency of this writ appeal, we do not deem it necessary to refer to the circumstances which compelled the respondents to approach this court. 3. The Divisional Forest Officer, Nemmara, Palakkad, (appellant No.1) who is present in court, submitted before us that he would withdraw Annexure II order dated 7.8.2008 issued by him and transmit Exts.P5 and P6 applications to the State Level Committee constituted in terms of the directions issued by the apex court in Thirumulpad's case. The above submission is recorded. W.A.No.1526 OF 2008 :: 2 :: 4. Since we intend to issue certain directions to the Chairman/Convener, State Level Committee, Forest Head Quarters, Vazhuthacaud, Trivandrum-4, the said authority is suo motu impleaded as respondent No.3 in this appeal. Learned Government Pleader takes notice for the said respondent. Appellant No.1 shall transmit Exts.P5 and P6 applications submitted by the respondents to the State Level Committee forthwith, at any rate, before the expiry of 15 days from today. The State Level Committee shall dispose of the applications as, expeditiously as possible, at any rate, within three months from the date of receipt of the above applications from appellant No.1. Needless to mention that the State Level Committee shall afford sufficient opportunity to the respondents to be heard in the matter. It is made clear that the State Level Committee shall not be influenced by any of the observations made by the learned Single Judge in the impugned judgment. It will be open to the Committee to take an appropriate decision in accordance with law. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes