IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 21053 of 2008(F) -------------------------- PETITIONER: ------------ P.JAYAKUMAR, S/O P.V.PAULOSE, AGED 42 YEARS, PUTHETHU HOUSE, OONNUKAL, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.BALACHANDRAN (PN) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE FOREST RANGE OFFICER, BEGUR FOREST RANGE, MANANTHAVADI WAYAND DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD DIST 4. THE CONSERVATOR OF FOREST, KANNUR. BY SPECIAL G.P. SHRI.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.7.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.21053 of 2008 ================== Dated this the 11th day of July, 2008 J U D G M E N T The petitioner challenges Ext.P5 notice issued under Section 61-C of the Kerala Forest Act, 1961. According to the petitioner, the question of invoking Section 61-C does not arise in this case in so far as the order under Section 61-A has been set aside by this Court in Ext.P4 judgment and the Conservator of Forest was directed to hear the petitioner and decide the matter afresh. 2. The learned Special Government Pleader (Forests) submits that Ext.P5 happened to be issued mistakenly only because, by Ext.P4 judgment the Conservator was directed to consider the matter within two weeks which was issued before getting a certified copy of Ext.P4 judgment. In the above circumstances, I feel that Ext.P5 can be considered as a show cause notice under Section 61-B of the Kerala Forest Act. Accordingly, this writ petition is disposed of with the following directions: Ext.P5 notice shall be considered as a notice under Section w.p.c.21053/08 2 61-B of the Kerala Forest Act. If the petitioner so desires, he may file objections, in addition to the objections already filed in the matter pursuant to the earlier show cause notice, the order pursuant to which was set aside by this Court and the Conservator of Forest shall pass orders as directed in Ext.P4 judgment considering the objections already filed by the petitioner and the objections to be filed pursuant to Ext.P5. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge