IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 15952 of 2007(S) -------------------------- PETITIONER: -------------- THOMASKUTTY,S/O.ABRAHAM, AGED 34 YEARS. MOOZHIKUZHIYIL HOUSE, AKAMPADOM, ERANJIMANGAD P.O. MALAPPURAM DISRTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ---------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS AND WILD LIFE, THIRUVANATHAPURAM. 2. CONSERVARTOR OF FORESTS (INSPECTION AND EVALUATION),KOZHIKODE. 3. CHIEF CONSERVATOR OF FORESTS, VIGILANCE THIRUVANANTHAPURAM. 4. P.PUGAZHENDI, DEPUTY CONSERVATOR OF FORESTS, (PROTECTION), FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 5. P.K.ASIF, RANGE OFFICER, FOREST RESOURC E SURVEY CELL, PALACEL ROAD, CHEMBUKAVU, THRISSUR. 20. R1 TO R3 BY SR. GOVERNMENT PLEADER,SMT. K. MEERA. R4 & R5 BY ADV. SRI.M.C.JOHN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 15952/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ENQUIRY REPORT DATED 10.05.06 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT. EXT.P2 : TRUE COPY OF THE JUDGMENT IN WPC : 23689 OF 2006 DATED 10.11.06. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 07.12.06. EXT.P4 : TRUE OCPY OF THE LETTER DATED 05.02.07. EXT.P5 : TRUE COPY OF THE G.O.(RT) NO.180/2007/GAD DATED 08.01.07. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF THE LETTER DATED 08.06.06 OF THE ADDITIONAL PRINCIPAL CHIEF CONSERVARTOR OF FOREST. EXT.R1(B) : TRUE COPY OF THE G.O.(Rt) NO.5176/2006/GAD DATED 24.06.06. EXT.R1(C) : TRUE COPY OF THE ORDER NO.B5-12715/06 DATED 18.04.09. EXT.R4(A) : TRUE COPY OF THE STATEMENT DATED 25.08.06. EXT.R4(B) : TRUE COPY OF THE JUDGMENT DATED 16.11.06 IN WPC:22781/2006. EXT.R4(C) : TRUE COPY OF THE INSPECTION REPORT DATED 29.05.06 OF THE CCF, NORTHERN REGION, KOZHIKODE SUBMITTED TO THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, TRIVANDRUM. EXT.R4(D) : TRUE COPY OF THE PHOTOGRAPHS. EXT.R4(E) : TRUE COPY OF THE PROPOSAL DATED 23.06.06. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15952 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 29th day of June, 2009 JUDGMENT Kurian Joseph, J. This public interest litigation is filed with the following prayer: “issue a writ of mandamus directing the 1st respondent to take immediate action on the basis of Exthibit.P1 by initiating appropriate disciplinary proceedings against respondents No.4 and 5, in accordance with law.” 2. The issue pertains to the alleged illegal action taken by the party respondents for construction of a road through the forest. The 1st respondent has filed a counter affidavit in which it is stated that appropriate action has already been taken against the 5th respondent and action against the 4th respondent is pending finalisation. 3. Learned counsel for respondents 4 and 5 submits that the writ petition itself is misconceived and ill-motivated. It is further submitted that in view of Ext.R4(b) judgment of W.P.(C) No. 15952/07 -:2:- the Division Bench of this Court, the issue does not survive at all. Though these are disputed by the learned counsel for the petitioner, we do not think that this Court at this stage need go into all these aspects since the matter in issue before us is only the inaction on the part of the Government in taking appropriate action against 4th and 5th respondents. Justification for the same or the legality of such action is a matter to be pursued by the affected parties in appropriate proceedings. Therefore, without prejudice to the liberty to the 4th and 5th respondents to pursue their right, this writ petition is closed. It is made clear that we have not referred to any of the contentions taken by both sides and all those contentions are left open. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb W.P.(C) No. 15952/07 -:3:-