IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 8253 of 2008(G) ------------------------------------- PETITIONERS: --------------------- 1. DR. M.GANAPATHI BHAT, S/O.LATE M.SUBRAYA BHAT, BELLECHAL HOUSE, KINNINAGAR POST, KASARAGOD-671 543. 2. M. GOVINDA BHAT, S/O.LATE M.SUBRAYA BHAT, BELLECHAL HOUSE, KINNINAGAR POST, KASARAGOD-671 543. BY ADVS. MR.D.KRISHNA PRASAD, MR.D.NARENDRANATH, MR.MARI SHARMA.M, SMT.O.K.SANTHA RESPONDENTS: ------------------------ 1. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, KANNUR DIVISION, POST TANA, KANNUR-12. 3. THE DISTRICT COLLECTOR, KASARAGOD. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY SPL. GOVT. PLEADER (FORESTS) MR. P.M. PAULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8253/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GAZETTE NO.890/REVENUE DTD 22/03/1910. EXT.P.2: COPY OF THE LAWYER NOTICE DTD. 04/09/2007 ISSUED TO THE RESPONDENTS. EXT.P.3: COPY OF THE LETTER DTD. 31/10/2007 BEARING NO.A2.9133/07 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8253 OF 2008 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT Petitioners are aggrieved by the decision contained in Ext.P3 relating to alleged water rights from a natural spring and for leading water through channel for cultivation purposes. The fundamental plea of the petitioners is that the issue is no more res integra in so far as the petitioners and the State are concerned, having regard to the adjudication by the competent authority and consequential notifications. This is a matter which the Chief Conservator of Forests can look into. Anyway, the foremost concern should be the preservation of the forest and any indulgence with forest wealth can only strictly be in accordance with law. Under such circumstances, without expressing anything on merits, this writ petition is ordered directing that if the petitioners make a representation to the first respondent against the decision of the Divisional Forest Officer, as contained in Ext.P3, the same will be considered and orders WPC.4058/08 2 issued in accordance with law, after hearing the petitioners or their representatives. Let the needful be done within a period of three months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.02/02