IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 OP.No. 6154 of 2000(G) -------------------------------- PETITIONER: ------------------ V.N.MOHANAN, S/O.V.N.NARAYANA PILLAI, VAYALIL HOUSE, MUKKOOTTUTHARA P.O, KOTTAYAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSEVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. CONSERVATOR OF FORESTS, KOLLAM. 4. DIVISIONAL FOREST OFFICER, THENMALA. 5. FOREST RANGE OFFICER, ARYANKAVU. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.10254/2000 IN OP. NO.6154/2000 DISMISSED 28.08.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LETTER NO.FU(3)24043/95 DT. 3.8.95 ISSUED BY THE 2ND RESPONDENT. EXT.P2:- COPY OF THE NOTICE NO.A2-364/96 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT. EXT.P3:- COPY OF THE REPRESENTATION DT. 21.1.1997 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4:- COPY OF THE PROCEEDINGS NO.C4.2076/96 DT. 21.7.98 ISSUED BY the 4TH RESPONDENT TO THE PETITIONER. EXT.P5;- COPY OF THE REPRESENTATION DT. 10.8.98 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P6:- COPY OF THE PROCEEDINGS NO.GO(RT) NO.62/2000/F&WLD TO THE PETITIONER. EXT.P7:- COPY OF THE JUDGMENT DT. 25.3.98 PASSED BY THIS HONOURABLE COURT IN OP. NO.4681/98 OF THIS HONOURABLE COURT. EXT.P8:- COPY OF THE INTERIM ORDER DT. 25.10.99 PASSED IN CMP. NO.40522/99 IN OP. NO.22041/99 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 6154 OF 2000 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T The dispute raised in this original petition pertaining to the liability of the petitioner, in view of the factual disputes involved in this case, has to be worked out before the Civil Court. Therefore, without prejudice to the liberty to the petitioner to approach the Civil Court and making it clear that the period of pendency of this original petition shall be excluded in computing the period of limitation, this original petition is disposed of. It is also made clear that in that view of the matter, all the contentions are left open. In order to enable the petitioner to workout the remedy as above, further recovery shall be deferred for a period of four months. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 6154 OF 2000 J U D G M E N T 28.08.2008