IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 654 of 2010() ------------------------ OR.12/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): --------------- 1. N.K.SIVARAMAN ,S/O.KRISHNANKUTTY NOKKARA HOUSE, VELLAPARAKUNNU, KAVASSERY PO, PALAKKAD 678 543. 2. K.JAGADEESHAN, S/O.K.V.KRISHNAN KALALAYAM HOUSE PADOOR PO, PIN 678 543, KAVASSERY NO.2 VILLAGE ALATHUR TALUK, PALAKKAD. 3. K.RATHEESH, S/O.KARAPPAN, THEKKETHIL HOUSE. PARACKAL PO, PAZHAYANNUR VILLAGE THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. FOREST RANGE OFFICER, ALATHUR RANGE, ANAKKAPPARA, ANJUMOORTHYMANGALAM PO PIN 678 682, PALAKKAD. 2. STATE OF KERALA, REP BY THE PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 654 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010 ORDER Petitioners, who are the accused in Annexure A4 Crime registered as O.R.No.12/2009 of the J.F.C.M Court, Alathur, for blasting rocks after trespassing into the Ecological Fragile Land in the Kavassery Village and registered for an offence punishable under Section 27(1) (e) (iv) and (v) of the Kerala Forest Act, challenge Annexure A4 occurrence report. 2. The learned Public Prosecutor submitted that even though as per Annexure A7 judgment of the EFL Tribunal, the petitioners property had been excluded from the notification declaring the same as Ecological Fragile Land, as the Tribunal in para 24 of the judgment has excluded the rocky portion of the land. The learned Public Prosecutor also submitted that the investigation is still under progress and a complaint has not so far been laid before the Judicial First Class Magistrate Court, Alathur. 3. It is too early for this court to hold that Annexure A4 occurrence report is liable to be set aside for all or any of the grounds mentioned in the petition. This court will be loath Crl.M.C. No.654 of 2010 : 2 : to stay the investigation of the case. In case the Forest Range Officer, after investigation, files a complaint against the petitioners before the appropriate court and in case grounds exist to challenge the same, the petitioners shall have the liberty to have recourse to their remedy in accordance with law. Reserving this right of the petitioners this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb