IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 OP.No. 34698 of 2000(E) ----------------------- PETITIONERS: ------------------------ K.P. RAGHAVAN PILLAI, BLOCK NO: 32 EX-SERVICEMEN COLONY, VECHOOCHIRA P.O MANNADISALA, PATHANAMTHITTA DIST. ADDL. 2ND PETITIONER K. SUKUMARAN NAIR, BLOCK NO: 32 EX-SERVICE MEN'S COLONY, KUNNAM VECHOOCHIRA P.O., (VIA) ERUMELY, PIN-686 511 (IMPLEADED AS PER ORDER ON I.A. 5379/08 DT. 28.7.2008) BY ADV. SRI.JOHN VARGHESE SRI.JOHN VARGHESE RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIATE THIRUVANANTHAPURAM 2. DIVISIONAL FOREST OFFICER, RANNY 3. FOREST RANGE OFFICER, RANNY 4. VILLAGE OFFICER KOLLAMULA VILLAGE, RANNY TALUK PATHANAMTHITTA DIST. BY GOVERNMENT PLEADER SHRI. K. SANESH RAJA FOR R1 TO 4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/7/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO: 59328 OF 2000 IN O.P.NO: 34698 OF 2000 DISMISSED: 28/7/2008 SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REPRESENTATION DT. 3.7.1997 SUBMITTED BY THE VECHOOCHIRA EX-SERVICEMEN MULTIPURPOSE CO-OP. COLONY MEMBERS BEFORE THE FOREST MINISTER OF KERALA EXT.P2: -DO- OF THE LETTER DT. 6.4.98 ISSUED BY THE JT. SECRETARY TO GOVT. TO THE 2ND RESPONDENT EXT.P3: -DO- OF THE PETITION DT. NIL FILED BY MR. N.J.THOMAS BEFORE THE R.D.O., THIRUVALLA EXT.P4: -DO- OF THE LETTER DT. 13.6.2000 ISSUED BY THE DEPUTY RANGE OFFICER, KARIKULAM TO THE PETITIONER EXT.P5: -DO- OF THE ORDER NO: G1-7722/99 DT. 31.5.2000 PASSED BY THE 2ND RESPONDENT RESPONDENTS' EXTS: NIL JJ /TRUE COPY/ P.A. TO JUDGE P.N.RAVINDRAN, J. -------------------------- O.P. No.34698 OF 2000-E -------------------------- Dated this the 28th July, 2008. JUDGMENT This Writ Petition is filed challenging Ext.P5 order passed by the Divisional Forest Officer, Ranny. By the said order, a fine of Rs.1,000/- (Rupees one thousand only) was imposed on the first petitioner herein, who was then aged 85 years. The first petitioner passed away on 1.1.2006. Thereupon, his son filed I.A.No: 5378/08 to set aside the abatement, I.A.No: 5379/08 to implead himself as the second petitioner and C.M.Appln. No: 2044/08 to condone the delay in filing the application to set aside the abatement. I have, by order passed today, allowed these applications. 2. It is not in dispute that the tree referred to in Ext.P5 was a tree standing in the lands assigned to the first petitioner and that the tree belonged to the State Government. It is also submitted that though the cut tree was lying in the first petitioner's property for the past eight years, it is now not seen in the premises. According to the learned counsel appearing for the petitioners the tree has since O.P.No: 34698/2000 2 been stolen. The second respondent has, in passing Ext.P5, taken a lenient view, having regard to the age of the first petitioner. 3. In the light of the fact that the fine imposed is only nominal and the first petitioner is no more, I do not deem it fit and proper to go into the merits of the contentions raised in this writ petition. As admittedly the tree is not now available, the second relief prayed for by the petitioner cannot be granted, even if he is entitled to cut and remove the same. In that view of the matter, I decline jurisdiction and dismiss this Original Petition. P.N.RAVINDRAN, JUDGE jj