IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA, 1930 WP(C).No. 6410 of 2007(K) -------------------------------------- PETITIONER: -------------------- T.V. JOSEPH, THONNDANKULAM HOUSE, KONGADOOR (P.O), AYARKUNNAM, KOTTAYAM. BY ADV. SRI.K.BALACHANDRAN (PN) RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, PEERUMEDU, IDUKKI DISTRICT. 3. THE RANGE OFFICER, AZHUTHA FOREST RANGE, IDUKKI DISTRICT. 4. M.A. ANEESH, S/O.SHRI MANAKKAT ALIYAR, MANAKKAT HOUSE, NADAKKAL KARA, ERATTUPETTA, KOTTAYAM DISTRICT. *ADDL.R5 IS IMPLEADED: R5. DEPUTY DIRECTOR, PERIYAR WEST DIVISION, PEERUMEDU. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 14/11/2007 IN I.A.NO.14937/07) R1 BY GOVERNMENT PLEADER SRI. RENJITH THAMPAN R4 BY ADV. SRI.A.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6410/2007 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE GOVERNMENT OF KERALA, DEPARTMENT OF INDUSTRIES AND COMMERCE DTD. 1/06/1991. EXT.P2: COPY OF REGISTRATION CERTIFICATE DTD. 13/02/2004 ISSUED TO THE PETITIONER BY D.F.O., KOTTAYAM. EXT.P3: COPY OF CERTIFICATE DTD. 13/02/2004 BEARING NO.E3.796/04 ISSUED BY THE D.F.O., KOTTAYAM FOR THE SALE OF RUBBER WOOD PACKING CASE TO THE PETITIONER. EXT.P4: COPY OF LICENCE AGREEMENT DTD. 1/04/2006 EXECUTED IN FAVOUR OF THE 4TH RESPONDENT. EXT.P5 (SERIES): PHOTOGRAPHS SHOWING THE DAMAGE CAUSED TO THE MACHINERIES (5 PHOTOS). EXT.P6: COPY OF LIST OF ITEMS OF MACHINERIES DTD. 21/02/2007. EXT.P7: COPY OF O.R.1/2007 AND THE MAHAZAR DTD. 22/01/2007. EXT.P8: COPY OF MAHAZAR DTD. 6/02/2007 PREPARED AND SUBMITTED BY THE FOREST GUARD AZHUTHA SECTION. EXT.P9: COPY OF REPRESENTATION DTD. 20/02/2007 SUBMITTED BY PETITIONER TO THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P10: COPY OF ORDER DTD. 3/08/2007 PASSED BY THE DEPUTY DIRECTOR. EXT.P11: COPY OF ORDER DTD. 17/09/2007 IN CONT.CASE (CIVIL) NO.975/2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 6410 OF 2007 K = = = = = = = = = = = = = = = = Dated this the 1st April, 2008. J U D G M E N T It is submitted that during the pendency of the writ petition, final order under Section 61A of the Forest Act has been passed. In view of this, the course open to the petitioner is to challenge the said order. Therefore, this writ petition is allowed to be withdrawn. 2. Petitioner contends that the order has been passed to defeat the writ petitioner and that too in violation of the principles of natural justice. That certainly is a matter to be examined if and when the petitioner chooses to challenge the said order. Therefore without prejudice to the contentions of the petitioner this writ petition is allowed to be withdrawn reserving liberty to the petitioner to challenge the final order that is passed. ANTONY DOMINIC JUDGE jan/-