IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 22339 of 2011(N) ------------------------- PETITIONER(S): ----------------------- 1. P.MOHAMMED KUTTY @ MANU, AGED 51 YEARS, S/O.UMMERKUTTY HAJEE, PAROKKOT HOUSE, EDATHANATTUKARA, MANNARKAD TALUK, PALAKKAD DISTRICT. 2. P.M.IMTIAZ, AGED 30 YEARS, S/O.MOHAMMED KUTTY @ MANU, PAROKKOT HOUSE, EDATHANATTUKARA, MANNARKAD TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS & CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), THIRUVANANTHAPURAM 695014. 3. DIVISIONAL FOREST OFFICER, MANNARKKAD, PALAKKAD DISTRICT - 678 582. R1 TO R3 BY GOVT. PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22339 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE DOCUMENT NO. 622/82 DATED 12.11.1982. EXT.P2 : PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX AS ON 8.10.1999. EXT.P3 : PHOTOCOPY OF THE RECEIPTS EVIDENCING PAYMENT OF BASIC TAX DATED 22.3.2002. EXT.P4 : PHOTOCOPY OF RECEIPT EVIDENCING PAYMENT OF AWWF CONTRIBUTION. EXT.P5 : PHOTOCOPY OF REGISTERED DOCUMENT NO. 456/1/2000. EXT.P6 : PHOTOCOPY OF THE JUDGMENT IN WP(C) NO. 33788 OF 2007 DATED 15.11.2007. EXT.P7 : PHOTOCOPY OF THE ORDER PASSED BY THE 2ND RESPONDENT (ORDER NO. ELF-7-1018/07) DATED 11.7.2008. EXT.P8 : PHOTOCOPY OF THE INTERIM ORDER IN WP(C) NO. 18565/2011 DATED 8.7.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22339 of 2011 N ``````````````````````````````````````````````````````````` Dated this the 22nd day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners claim to be the owners of 5 acres of rubber plantation, which has been notified as an ecological fragile land by a notification which, according to the learned Government Pleader, is dated 02.01.2001. Challenging the notification and Ext.P7 review order, the petitioners have filed O.A.No.4/2009 before the EFL Tribunal, Palakkad, along with an application to condone the delay in filing the same. 2. The learned Government Pleader also says that, seeking interlocutory orders enabling them to take usufructs, petitioners have also filed I.A.No.91/2010, which is also pending consideration of the Tribunal. It is while so, the writ petition has been filed, complaining that the post of presiding officer of the Tribunal is lying vacant and that therefore orders should be passed enabling the petitioner to W.P.(C) No.22339/2011 : 2 : yield from his plantation. 3. It is now submitted by both sides that a presiding officer has been posted and the case stands posted on 20.10.2011. Thus, the premise on which the writ petition has been filed that the Tribunal is not sitting, is no longer available to the petitioner. That apart, the case is also posted to 20.10.2011. In such circumstances, it is for the petitioner to get the delay in filing the O.A. condoned and seek appropriate orders in I.A.No.91/2010. With that liberty, the writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks/22/09 // True Copy // P.A. To Judge