IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 14934 of 2009(J) -------------------------- PETITIONER(S): --------------- PUSHPANGADHAN, S/O.KUNJU KRISHNAN, AGED 65 YEARS, MINI BHAVAN, AMMAYAMBALAM, ARIPPA, CHOZHIACODU P.O., PERINGAMMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. SECRETARY TO THE DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FOREST, VANASREE, VAZHUTHAKADU, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM DIVISIONAL FOREST OFFICE, VAZHUTHAKADU, THIRUVANANTHAPURAM. 4. THE FOREST RANGE OFFICER, KULATHUPUZHA FOREST RANGE OFFICE, KULATHUPUZHA. 5. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. SRI.M.P.PRAKASH,SPL.GP FOR FOREST THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14934 of 2009-J ------------------------------ Dated this the 8th day of September, 2009. J U D G M E N T Heard Sri.Siju Kamalasanan, the learned counsel appearing for the petitioner and Sri.M.P.Prakash, the learned Special Government Pleader appearing for the respondents. 2. The petitioner, who is a resident of Ammayambalam Enclosure has filed this writ petition alleging that the road passing through the Ammayambalam forests, which he and other residents of Ammayambalam Enclosure were formerly using, has been blocked by erecting a cross-bar gate. In this writ petition the petitioner prays for a direction to appoint a watchman to open and close the gate in order to enable him to use the road without any obstruction. 3. A counter affidavit filed on behalf of respondents 3 and 4. Para 5 of the counter affidavit reads as follows: “5. It is also submitted that the residents of the Ammayambalam Enclosure (Cathuppu) were using the road on the southern side of Ammayamabalam forests beginning from Arippa Junction, the total length of which is about 1 Km. It is tarred road except for 200m. This aspect has been very cleverly suppressed by the petitioner. The residents of the enclosure have been using this road for their movement during the past so many years. This road is blacktopped and having sufficient width for easy and safe movement of men and vehicles. When such a good road is existing in the areas, the bonafides of claiming a forest path which is rugged and difficult for movement, is to be doubted. Moreover, this road is safe for W.P(C) No.14934 of 2009-J 2 travel of the local people and there is permanent facilities for opening the gate whenever vehicular traffic is required. In order to substantiate this, a location sketch of the area showing the lie of the Ammayambalam Enclosure is produced herewith, which may be marked as Exhibit R4(a).” 4. The learned Government Pleader appearing for the respondents submits that the petitioner has an alternative access and that only 200 mts of the said road is left untarred. It is evident from the counter affidavit filed on behalf of respondents 3 and 4 that the petitioner and other residents of the locality have an alternative access which is shorter in length than the way which is blocked by erecting a cross-bar gate. It is evident from Para 5 of the counter affidavit that the alternative road is tarred and that it has sufficient width to enable movement of vehicles. In such circumstances as the petitioner has an alternative access, I am of the opinion that the reliefs prayed for in this writ petition cannot be granted. I accordingly dismiss the writ petition with the observation that it will be open to the petitioner to use the road mentioned in para 5 of the counter affidavit filed on behalf of respondents 3 and 4. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge