IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WA.No. 672 of 2008(C) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.764/2008 Dated 28/02/2008 .................... APPELLANTS: PETITIONERS ---------------------------------------- 1. ADIMALI GRAMA PANCHAYATH, ADIMALI REPRESENTED BY ITS SECRETARY. 2. KAVALANGAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT THIRUVANANTHAPURAM. 3. THE FOREST RANGE OFFICER, NERIAMANGALAM. R1 BY SENIOR GOVERNMENT PLEADER, SMT.K.MEERA. R2 & R3 BY SRI.RENJITH THAMPAN,SPL.GP FOR FOREST THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 672 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November 2008 JUDGMENT H.L.DATTU, C.J. Being aggrieved by the orders passed by the learned Single Judge in WP(C) No. 764 of 2008 dated 28.02.08, the petitioners in the Writ Petition have presented this Writ Appeal. 2. During the pendency of this Writ Appeal, the State Government has passed an order in GO(Rt) No.532/08/F&WLD dated 01.11.2008. The operative portion of the order reads as follows: “8. In the circumstances, considering the recommendations of the High Power Committee, Government are pleased to permit to continue sand mining in Neriyamangalam Kadavu, Mahimapady Kadavu, Maniyanpara Kadavu, Pallithazham Kadavu. Pallipady Kadavu and Neendapara Kadavu except Chempankuzhi Kadavu in Kavalangad Grama Panchayat and in the 2 Kadavus i.e., Thekkilakkadu Kadavu and Vaniyappillil Kadavu in Adimali Grama Panchayat.” 3. In view of the orders passed by the State Government, the WA No. 672 of 2008 -:2:- substantial relief sought for is granted to the appellant/Grama Panchayat. 4. However, Sri.K.Ramakumar, learned Senior Counsel appearing for the appellants, would submit, that, liberty may be reserved to the Grama Panchayat to question the correctness or otherwise of the orders passed by the State Government dated 01.11.2008. 5. In our opinion, if the request made by the learned counsel is granted, it will not cause any inconvenience/prejudice to the respondent/State Government. 6. Placing on record the orders passed by the State Government dated 01.11.2008, this Writ Appeal is disposed of. Liberty is reserved to the appellants, if they so desire, to question the correctness or otherwise of the orders passed by the State Government in appropriate proceedings. 7. In view of the orders passed in the Writ Appeal, all pending interlocutory applications are closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb WA No. 672 of 2008 -:3:-