IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13091 of 2009(O) -------------------------- OA.33/1979 of FOREST TRIBUNAL, MANJERI .................... PETITIONER(S): --------------- K.J.VARGHESE, AGED 52 YEARS, S/O.K.A.JOSEPH, RESIDING AT THAMBURANCHOLA, KORANAKUNNU, KANCHIRAPUZHA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, (FOREST & WILD LIFE), (FOREST & WILD LIFE), THIRUVANANTHAPURAM. 2. CUSTODIAN OF VESTED FOREST, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE, PALAKKAD. BY ADV.MR.SANDESH RAJA, GOVT.PLEADER (FOREST) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.13091/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN O.A.NO.33/1979 DATED 3.10.1979 OF THE FOREST TRIBUNAL, MANJERI. EXT.P2: COPY OF THE JUDGMENT IN M.F.A.NO.44/1980 OF THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM, DATED 16.12.1985. EXT.P3: COPY OF THE ORDER IN R.P.NO.127/1987 IN M.F.A.NO.44/1980, OF THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM, DATED 29.6.1992. EXT.P4: COPY OF THE ORDER IN I.A.NO.68/2008 IN O.A.NO.33/1979 BEFORE THE FOREST TRIBUNAL, KOZHIKODE (CAMP AT PALAKKAD), DATED 6.1.2009. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.13091 OF 2009 (O) ----------------------------------- Dated this the 21st day of May, 2009 J U D G M E N T This writ petition is filed under Article 226 and 227 of the Constitution of India seeking the following reliefs: i. direct the Forest Tribunal, Kozhikode to correct the typographical error crept in the order in O.A.No.33/79 of the Tribunal dated 3.10.1979, i.e. To correct the initial of the name of the petitioner shown in order as K.K.Varghese to K.J.Varghese which is the correct one and ii. issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts of the case so as to secure the ends of justice. The case of the petitioner is that while prosecuting an application, O.A.No.33/1979 and further proceedings thereto, a mistake crept in the initial of the name of the petitioner as WPC.13091/09 2 K.K.Varghese, though his name with correct initial was K.J.Varghese. The mistake was noticed long after the disposal of the MFA pending before this Court. When steps were taken to resume the land covered by the proceedings, an application was moved before the Forest Tribunal to correct the mistake over the 'initial' in the order. But it was dismissed, holding that the order had merged with the judgment passed by this Court in the MFA. The Tribunal had also expressed the view that the mistake in the initial was not so simple as canvassed by the petitioner since such mistakes had been repeated through out the proceedings, even when the petitioner subscribed his signature in his deposition statement. Learned counsel for the respondents opposed the relief claimed by the petitioner, contending that the remedy for correction is by way of moving an application in the MFA and not by way of a writ. It was also pointed out that in the writ petition, there is no challenge against Ext.P4 order passed by the Forest Tribunal, Kozhikode. I find considerable force in the submissions made by the learned counsel for the respondent that a writ petition under Article 227 of the Constitution of WPC.13091/09 3 India is not the proper course to be taken for correction of the mistake in the name of the petitioners in the proceedings involved. So much so, without prejudice to the right of the petitioner to move appropriate application in the MFA, for correction of his initial in his name, this writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009