IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16912 of 2009(H) -------------------------- PETITIONER(S): --------------- N.K.SIVARAMAN, S/O.KRISHNANKUTTY, NOKKARA HOUSE, VELLAPARAKUNNU, KAVASSERY P.O., PALAKKAD-678543. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SMT.V.SHYLAJA RESPONDENT(S): --------------- 1. SUB DIVISIONAL MAGISTRATE (R.D.O.), PALAKKAD. 2. DIVISIONAL FOREST OFFICER, NENMARA P.O., PALAKKAD - NENMARA DIVISION. 3. FOREST RANGE OFFICER, ALATHUR FOREST RANGE, ANAKKAPARA, ANJUMOORTHY, MANGALAM. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16912/2009 -------------------- Dated this the 23rd day of June, 2009 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner claims to be in possession of 17.9 acres of land in different survey numbers in Kavassery Village, stated to be exempted from vesting under the Private Forest (Vesting and Assignment) Act, as per a decision taken by the Tribunal in O.A.114/94. Part of the land was notified as ecologically fragile. Petitioner moved the Tribunal and Ext.P1 interim order was passed restraining the respondents from interfering with the petitioner's possession but subject to the condition that he will not quarry any metal from the said property. Other conditions were also imposed. According to the petitioner, there was an obstruction to the user of the road running through the property. He had approached the RDO, who had passed Ext.P2 order. Later, the order was violated. He then moved W.P.(C).16912/2009 2 Ext.P4 application for reviving the proceedings and for apparently enforcing Ext.P2 order. Action has not been taken on Ext.P4. Hence the writ petition. 3. Since the matter had engaged the attention of the RDO in the first instance, as evidenced by Ext.P2, there is no reason why Ext.P4 also should not be looked into by the same authority. 4. 1st respondent shall therefore, consider Ext.P4 and take appropriate action thereon, within six weeks from the date of receipt of a copy of this judgment. Copy of the writ petition along with the copy of the judgment shall be produced by the petitioner before the 1st respondent. Writ petition is disposed of as above. V.GIRI, Judge mrcs