IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 RP.No. 201 of 2008 ----- -------------------- AGAINST THE JUDGEMENT IN WA.2291/2007 Dated 05/10/2007 .................... REVIEW PETITIONER-APPELLANT-1ST RESPONDENT: ----------------------------------------------------------------------------- KERALA FOREST DEVELOPMENT CORPORATION LIMITED, AARANYAKAM, KARAPPUZHA, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.V.G.ARUN RESPONDENTS/RESPONDENTS-PETITIONERS, R2.& ADDL.RESPTS.5 TO 7: ----------------------------------------------------------------------------------------------------------- 1. KERALA FOREST DEVELOPMENT CORPORATION MANAGER'S FORUM, ANJALI, THOPPIL NAGAR,MUTTADA P.O THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, E.MUHAMMED AHSRAF. 2. M.K. KRISHNAN, DIVISIONAL MANAGER, KERALA FOREST DEVELOPMENT CORPORATION LTD., KANIMANGALAM, TRICHUR. 3. P.M. MUHAMMED BASHEER, DIVISIONAL MANAGER, KERALA FOREST DEVELOPMENT CORPORATION LTD., KARAPPUZHA, KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETAERY, FOREST AND WILD LIFE (D) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 5. PETER D.FERNANDEZ, FIELD OFFICER, KERALA FOREST DEVELOPMENT CORPORATION, KARAVOOR, PUNALOOR DIVISION, RESIDING AT PRASANTHI, KAVANAD NAGAR,KAVANAD P.O., KOLLAM-691 003. - 2 - 6. P.E. PRAKASAN, FIELD OFFICER, KERALA FOREST DEVELOPMENT CORPORATION, ACHANCOVIL, PUNALUR DIVISION, RESIDING AT ARYA, THAMARAKKUDI P.O., KOTTARAKKARA-681 560. 7. S. THILAKARAJAN, FIELD OFFICER, KERALA FOREST DEVELOPMENT CORPORATION, KARAVOOR, PUNALOOR DIVISION, RESIDING AT KATTUVILA VEEDU, THAZHAM, CHATHANNOOR P.O., KOLLAM-691 572. R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA BY ADV.SRI.DEEPU THANKAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/02/2008, ALONG WITH RP NO. 198 OF 2008 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: H.L.DATTU, C.J. & K.T.SANKARAN, J. ------------------------------------------ R.P.Nos.198, 199, 200, 201 & 202 of 2008 ------------------------------------------ Dated, this the 26th day of February, 2008 ORDER H.L.Dattu, C.J. These review petitions are filed by the Kerala Forest Development Corporation Limited with a request to review the orders passed in W.A.Nos.2292, 2293, 2294, 2291 and 2300 of 2007 arising out of the orders passed by the learned Single Judge in W.P.(C) Nos.28219 and 36027 of 2005 and W.P.(C) Nos.9460, 19238 and 18958 of 2007, dated 18th July, 2007. 2. While rejecting the writ appeals, we have followed the dicta laid down by a Division Bench of this Court in the case of Kavirajan v. K.S.B.C. Ltd. (2007 (2) KLT 917). 3. It so happens that the State of Kerala being aggrieved by the judgment in W.P.(C) No.28219 of 2005 dated 18th July, 2007 has filed W.A.No.2454 of 2007. A Division Bench of this Court by its order dated 1st November, 2007, after doubting the correctness or otherwise of the judgment of this Court in Kavirajan's case, has thought it fit to refer the matter to a Larger Bench for an authoritative pronouncement on the various issued raised, in order to maintain the judicial decorum and discipline. 4. In the batch of cases filed by the Kerala Forest Development Corporation Limited, we have accepted the view expressed in Kavirajan's case. However, another Division Bench of this Court is of the opinion that the dicta laid down in Kavirajan's case requires reconsideration. In this process, there are two conflicting views expressed by two Division Benches of this Court. In our opinion, in matters of this nature, it would be again to maintain the R.P.No.198/2007, etc. 2 judicial discipline and decorum of the institution, it is desirable to recall our earlier order dated 5th October, 2007 passed in W.A.No.2291 of 2007 and other connected cases. Accordingly, we do so. 5. Post these appeals for hearing along with W.A.No.2454 of 2007. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.T.SANKARAN) JUDGE vns