IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WA.No. 1901 of 2007 --------------------- AGAINST THE JUDGEMENT IN OP.11476/1999 Dated 30/01/2007 .................... APPELLANT/PETITIONER IN WPC: ------------------------------------ SHEIK RAWTHER,S/O. SYED MOHAMMED RAWTHER RASHID MANZIL, KAIZHAKKEKARA,MUVATTUPUZHA. BY ADV. SRI.C.A.MAJEED RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, KOTHAMANGALAM. 3. FOREST RANGE OFFICER, MULLIRINGADU,KOTHAMANGALAM. BY ADDL. ADVOCATE GENERAL, SRI.RENJITH THAMPAN, SENIOR GOVT. PLEADER, SRI.M.R. SABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1901 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the order of dismissal for non-prosecution of the Original Petition, the petitioner has filed this appeal. 2. Noting the fact that this was not the first time that there was no representation and even on the earlier occasion the petition came to be dismissed for default and taking a sympathetic view it was restored. But that did not improve the conduct of the appellant and as such the learned Single Judge was, in our view, justified in dismissing the Original Petition. We see no reason to interfere with the same, especially when there is absolutely no reason forthcoming for the repeated absence. Hence the Writ Appeal is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No. -:2:-