IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WA.No. 1252 of 2007 ------------------------------------ AGAINST THE ORDER IN I.A.No.5182/2007 in WPC.33231/2006 Dated 4-4-2007 .................... APPELLANTS: RESPONDENTS 1 TO 3 IN WPC: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FORESTS & WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS (PROTECTION) THIRUVANANTHAPURM 3. THE DIVISIONAL FOREST OFFICER, PALAKKAD-9. BY SPECIAL GOVERNMENT PLEADER SRI.RANJITH THAMPAN. RESPONDENTS: PETITIONER, RESPONDENT NO.4 IN WPC: ------------------------------------------------------------------------------------- 1. P.B.BABU, S/O.BALAN, PERUMBADAPPU VEEDU, VARANTHARAPPALLY P.O., THRISSUR. 2. MALABAR CEMENTS LTD., REPRESENTED B ITS MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT WALAYAR, PALAKKAD. ADV. SRI.MILLU DANDAPANI FOR R1 ADV. SRI.K.ANAND (A.201) & SMT.LATHA KRISHNAN FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1252 of 2007 ---------------------------------------------- Dated, this the 30th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The State, being aggrieved by the orders passed by the learned Single Judge in I.A.No.5182 of 2007 in W.P.(C) No.33231 of 2006 dated 4-4-2007 has filed the present appeal. 2. This Court while entertaining the writ appeal, had granted an interim order of stay, staying the orders passed by the learned Single Judge in I.A.No.5182 of 2007. The interim order passed by this Court still operates against the respondents. 3. The learned Single Judge while granting the interim prayer had only permitted the petitioner to make use of the forest road via. Kava through the Chackolas Estate area for the purpose of removing silt/sand from the mining area for a period of three months. The time granted by the learned Single Judge has expired. Therefore, at this stage, in our opinion, nothing survives in this writ appeal for our consideration and decision. Therefore, the writ appeal is disposed of, as having become unnecessary. However, we reserve liberty to the petitioner in W.A.No.1252 of 2007 -2- the writ petition to request the learned Single Judge to take up the writ petition for hearing out of turn. If such a request is made, the learned Single Judge may consider the same. All the contentions of both the parties are left open. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.