IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 2529 of 2010(O) ------------------------------------- [OA.NO.558/1976 OF FOREST TRIBUNAL, KOZHIKODE] .................... PETITIONERS: --------------------- 1. P.NOORUDHEEN, PALLATH HOUSE, THRIKKALLUR, THACHAMPARA, PALAKKAD DISTRICT. 2. P.HAMZA, PALLATH HOUSE, THRIKKALLUR, THACHAMPARA, PALAKKAD DISTRICT. BY ADVS. MR.K.MOHANAKANNAN, SMT.A.R.PRAVITHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CONSERVATOR OF VESTED FORESTS, KOZHIKODE. 2. THE CUSTODIAN AND CONSERVATOR OF VESTED FORESTS, KOZHIKODE. R1 & R2 BY SPL.GOVERNMENT PLEADER MR. K. SANAL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 2529 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of March, 2010 JUDGMENT This petition is filed under Article 227 of the Constitution of India seeking a direction to consider Exts.P4 and P5 applications. Ext.P4 was filed for correcting the order and Ext.P5 was filed for amending the O.A. schedule. 2. The predecessor-in-interest of the petitioners had approached the Forest Tribunal, Palakkad by filing O.A. No.588 of 1976, claiming exemption in respect of 7 acres of land under section 8 of the Kerala Private Forest (Vesting & Assignment) Act. The O.A. was allowed. Survey number of the property is shown as 96/3 of Nochipully desom, as per Ext.P1 judgment. State has filed appeal, which was dismissed and the decree became final. The petitioners who were assignees of the applicant got themselves impleaded in the applications filed for correcting the order and amending the O.A. schedule. The Forest Tribunal dismissed the applications holding that the Tribunal has no W.P.(C) No. 2529/10 2 jurisdiction as the order is merged with the judgment of this Court. The petitioners approached this Court and this Court as per Ext.P3 order, directed the petitioners to approach the Tribunal for the said reliefs. Thereafter, the petitioners have filed Exts. P4 and P5 applications before the Tribunal. 3. The grievance of the petitioners is that the Tribunal is awaiting the records and that the applications are not being disposed of. 4. In the light of the fact that there is an earlier direction to the petitioners to approach the Tribunal and petitioners have filed necessary applications. Hence, there will be a direction to the Forest Tribunal to dispose of Exts.P4 and P5 applications as early as possible, at any rate within three months from the date of receipt of copy of this judgment. It is made clear that status quo as on today shall be maintained, till the applications mentioned above are disposed of. P.BHAVADASAN, JUDGE. mn.