IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 1680 of 2010(O) ---------------------- AGAINST I.A. NO. 4/2009 IN O.A. NO. 1 OF 2008 OF FOREST TRIBUNAL, KOLLAM PETITIONER(S): APPELLANT ------------------------ KURIEN E. KALATHIL, PROPRIETOR, PONMUDI ESTATE, TC.14/1004, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (E & TW), STATE OF KERALA, THIRUVANANTHAPURAM. ADDL. ADVOCATE GENERAL FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 1680 of 2010 * * * * * * * * * * * * * * * * * * Dated: 8th day of February, 2010 JUDGMENT With regard to two parcels of land covered by a notification issued under Sec.3 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (E.F.L. Act for short), the Writ Petitioner, moved the custodian of Ecologically Fragile Land as per separate applications under Sec. 19(3) seeking de- notification those parcels of land. His applications were dismissed by the custodian as per Annexure -R3 (a) order dated 4- 4-2008 and R3 (b) order dated 7-8-2008. Aggrieved by the said orders, the petitioner has preferred O.A. No. 1/2008 before the Forest Tribunal, Kollam under Section 10 of the E.F.L. Act. Eventhough the petitioner challenges Ext.P6 order dated 14-12- 2009 passed by the Tribunal dismissing his application (I.A. 4 of 2009) seeking an order of injunction against the State of Kerala W.P. (C) No. 1680 of 2010 -:2:- and others, I am not inclined to go into the merits of the rival contentions and the interests of the petitioner are amply safeguarded by Ext.P2 judgment (same as Ext. R3 (h) wherein a direction has been issued by this Court for maintaining the status quo. The proper course of action would therefore, be to direct the Forest Tribunal to dispose of O.A. 1/2008 expeditiously. Accordingly, this Writ Petition is disposed of directing the Forest Tribunal, Kollam to dispose of O.A. 1 of 2008 expeditiously, after giving both sides an opportunity of being heard. The order of status quo shall continue to be in force till the disposal of the O.A. and the same shall be subject to the final decision in the said O.A. This Writ Petition is disposed of accordingly. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani. W.P. (C) No. 1680 of 2010 -:3:-