IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 25637 of 2005(B) ------------------------------------------- PETITIONER: --------------------- ABDUL HAI T.A. S/O/M.ABDUL HAMEED SAHIB, COYALMANNAM, CHITHALI P.O. ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANA KANNAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, OLAVAKOD, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT. BY GP. M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25637 of 2005(B) APPENDIX PETITI0NER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.A.NO.12/2001 DTD. 7.8.2003 OF THE FOREST TRIBUNAL, KOZHIKODE. EXT.P2: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 25.5.2004. EXT.P2(a): COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED FROM THE 3RD RESPONDENT ACKNOWLEDGING EXT.P2. EXT.P3: COPY OF THE COMMUNICATION DTD. 31.5.2004 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LAWYER'S NOTICE DTD. 22.5.2005 SENT TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL ----- BKN // TRUE COPY // P.A. TO JUDGE. ANTONY DOMINIC, J = = = ======== = = = = = W.P.(C).No. 25637 OF 2005 = = = = = = = = = = = = = Dated this the 17th day of January, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Ext.P1 is an order passed by the Forest Tribunal in O.A.12/2001, accepting the claim of the petitioner for exemption of 20 cents of land in survey No. 682/6 in Coyalmannam Village in Alathur Taluk, Palakkad District. Following Ext.P1, petitioner sought restoration of land and Ext.P2 is an application that was made to 3rd respondent and Ext.P3 reply was received informing the petitioner that since they are contemplating to file an appeal, they cannot consider the application then. Ext.P3 is dated 31.5.2004. 2. Learned counsel for the petitioner submits that till date no appeal has been filed. In view of this, counsel for the petitioner issued Ext.P4 on behalf of the petitioner. Ext.P4 notice also did not evoke any response. 3. Till date no appeal has been filed. If that be so, the law is liable to be restored to the petitioner, implementing Ext.P1 order. W.P.(C).No. 25637 OF 2005 2 Hence I dispose of the writ petition with a direction to the 3rd respondent to consider Ext.P4 as expeditiously as possible at any rate within 8 weeks from the production of a copy of this judgment. ANTONY DOMINIC, JUDGE bkn/-