IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15734 of 2009(O) -------------------------- IA.34/2009 of FOREST TRIBUNAL, PALAKKAD .................... PETITIONER(S): -------------------------- N.K.SIVARAMAN,S/O.KRISHNANKUTTY, NOKKARA HOUSE,VELLAPARAKUNNU, KAVASSERY P.O., PALAKKAD – 678 543. BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN (ECOLOGICALLY FRAGILE LAND) AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (EXTW) STATE OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN BY SPL. GOVERNMENT PLEADER (FORESTS) MR. P.M. POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15734 of 2009 - O --------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To issue a writ of mandamus or any other appropriate writ, order or direction directing the learned tribunal to issue appropriate orders to implement the injunction order passed by the tribunal immediately”. 2. The Forest Tribunal in an O.A filed by some persons who are not parties to the proceedings, directed the respondents herein from interfering with the possession and enjoyment of the schedule property covered by that petition till the disposal of that application. In that order, a copy of which is produced as Ext.P1, a further direction was also made that no quarrying shall be conducted in respect of the rocky portion lying in survey No.428/J5. Pursuant to that order, petitioner herein who was conducting quarrying operation and also operating two crusher units, approached the Forest Tribunal that Ext.P1 order cause him severe hardship and irreparable injury inasmuch as he is prevented from even running the crusher units by the forest W.P.(C).No.15734 of 2009 - O 2 officials. He moved an application, Ext.P2, for a clarification of the order so that he can continue the operation of his crusher units. That application filed, even after a long lapse of time is not taken up and disposed on merits, is the grievance raised in this petition for the relief mentioned above. 3. Learned Government Pleader takes notice for the 1st respondent and Special Government Pleader (Forest) for the 2nd respondent. I heard the counsel on both sides. 4. Having regard to the submissions made and taking note of the facts and circumstances presented, I find a direction to the court below to dispose Ext.P2 application will be sufficient to advance ends of justice. Forest Tribunal shall dispose of Ext.P2 application within a period of four weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Hand over a copy of this judgment to the counsel on both sides. S.S.SATHEESACHANDRAN, JUDGE. bkn/-