IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WA.No. 565 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.3686/2007 Dated 28/01/2009 .................... APPELLANT(S)/ PETITIONER IN WPC: -------------------------------------------- BABU P.KURIAKOSE, PALLATHUKUDI HOUSE, ADIMALI P.O.,MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY MR.THAMPAN THOMAS, ADVOCATE SMT.JANCY ALEX, ADVOCATE RESPONDENTS/RESPONDENTS IN WPC: ---------------------------------------------- 1. THE SECRETARY TO GOVERNMENT OF KERALA, FOREST DEPARTMENT,TRIVANDRUM. 2. THE CONSERVATOR OF FOREST, ERNAKULAM CIRCLE,SOCIAL FORESTRY, MANIMALA ROAD,EDAPALLY. 3. THE DIVISIONAL FOREST OFFICER, DEVIKULAM. 4. THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER MR.M.P.PRAKASH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.565 OF 2009 () ----------------------------------- Dated this the 6th day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. This appeal is filed against the impugned judgment of the learned Single Judge. The operative portion of the impugned judgment is as follows: “The writ petition is disposed of with liberty to the petitioner to approach the Revenue Authorities for ventilating his grievances. If the petitioner is able to prove that the disputed land is a Revenue land his request to issue patta shall be considered and decided in accordance with law and Rules. In case the petitioner submitted any representation/application before the Revenue Authorities, the Revenue Authorities shall decide the question only after hearing the Divisional Forest Officer, Devikulam and other affected agencies of the Forest Department.” WA.565/09 2 It is stated that the appellant/petitioner is only aggrieved by the observations in paragraph 4 of the impugned judgment. We are of the opinion that what is stated in paragraph 4 is only narration of facts as submitted by the Government Pleader. If the appellant/petitioner files an application before the Revenue Authorities as directed by the learned Single Judge in the operative portion of the impugned judgment, that should be considered by the Revenue Authorities untrammeled by the observations in paragraph 4 of the impugned judgment. With the above direction, this writ appeal is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008