IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13494 of 2010(J) -------------------------------------- PETITIONER: ------------------- MATHEW SEBASTIAN, S/O LATE P.L.DEVASIA, PARAYARUTHOTTAM HOUSE, KAVALAMUKKATTA P.O., NILAMBUR, MALAPPURAM DISTRICT. BY ADVS. SRI.V.C.JAMES, SRI.GEORGE MECHERIL. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, NILAMBUR SOUTH DIVISION, MALAPPURAM. R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED AZIFF. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 13494 OF 2010 ----------------------------------------------------------- Dated this the 23rd April, 2010. JUDGMENT The petitioner is the owner of an extent of 37.50 acres of land in R.S.9/5 Pt. in Chokkad Village (Block 129) Nilambur Taluk, Malappuram district. The land was purchased by the petitioner from the legal heirs of one Komappan Nair in the year 1995 who were found to have absolute title over the property by Ext.P1 judgment of this Court as well as Ext.P2 order of the Honourable Supreme Court of India. The properties are lying contiguously and it is alleged that there is a residential building in the property. The case of the petitioner is that the only access to the property is through a road connecting the property from Amarambalam Panchayat Road (T.K.Colony-Poothottamkadavu Road). The said road crosses the Kottappuzha river and has a length of less than 100 meters and a width of 4 meters. A short distance of the said road passes through vested forest area. The petitioner had constructed a bamboo bridge across the river for gaining access to his house during the rainy season. On 2/2/2010 some forest guards demolished the road and blocked the road access to the petitioner's house. They also destroyed the bamboo bridge. WPC 13494/2010 2 Therefore, the petitioner complains that he is not able to go out of his house during the rainy season. 2. I notice that the petitioner has already approached the Sub Court, Manjeri and the matter is under consideration of the said Court. The petitioner seeks permission to construct the bamboo bridge. 3. In view of the fact that the matter is engaging the attention of the Civil Court, no orders are necessary to be passed in the matter at this stage. The petitioner also submits that Ext.P8 representation has been submitted to the second respondent, which is pending consideration of the said authority. In view of the approaching rainy season, the petitioner prays for an early disposal of his representation. The learned Govt. Pleader has no objection to such a direction being issued. 4. In the above circumstances this writ petition is disposed of directing the second respondent to consider the grievances of the petitioner set out in his representation evidenced herein by Ext.P8 and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this writ petition as well as a copy WPC 13494/2010 3 of this judgment before the second respondent for prompt compliance. K. SURENDRA MOHAN Judge jj WPC 13494/2010 4