IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 30094 of 2008(G) -------------------------- PETITIONERS: --------------- 1. ELIAS.O.U, S/O. LATE ULAHANNAN, OONUKALLINGAL HOUSE, MANNAMANGALAM.P.O, THRISSUR DISTRICT. 2. ANNAMMA, W/O. LATE ULAHANNAN, -DO- BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT. 3. SECRETARY TO GOVERNMENT, DEPT. OF FORESTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE ASSISTANT WILDLIFE WARDEN, DEPARTMENT OF FORESTS, PEECHI, THRISSUR DISTRICT. 5. THE TAHSILDAR, THRISSUR TALUK. BY GOVT. PLEADER SRI. RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30094 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Exhibits P2 and P3 Pattas issued in favour of the petitioners were subsequently cancelled as per Exhibits P4 and P5 pursuant to the recommendation made by the Forest Department. According to the petitioners, the pattas were issued under the Land Assignment Rules and therefore ought not to have been cancelled. Exhibit P6 is a comprehensive representation filed before the District Collector and the same is pending consideration. 2. Learned special Government Pleader Sri.Renjith Thampan submits that lands are reserve forest. Therefore, they ought not have been assigned. But in circumstances where the appeal is pending before the District Collector, it is appropriate that the same is considered by the District Collector. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders W.P ( C) No.30094 of 2008 2 on Exhibit P6, after hearing the petitioners and after issuing notice to the Forest Department as well, within a period of four months from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No.30094 of 2008 3 W.P ( C) No.30094 of 2008 4