IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 6775 of 2008 -------------------------------- PETITIONERS: -------------------- 1. A.M.JOSEPH, (SECRETARY, MANNADATHARA CITIZEN'S FORUM), EDAMANNIL HOUSE, MANNADATHARA, EETICHUVADU P.O., RANNI, PATHANAMTHITTA. 2. GEORGE VARGHESE, (PRESIDENT, THONDALA CITIZEN'S FORUM) KIDANGINATH HOUSE, KARIYAMPLAVU P.O., VIA KOTTANADU, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENTS: ----------------------- 1. CHIEF CONSERVATOR OF FORESTS, SPECIAL AFFORESTATION, FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 2. THE CONSERVATOR OF FOREST, OFFICE OF THE CONSERVATOR OF FOREST, KOLLAM. 3. THE DIVISIONAL FOREST OFFICER, RANNI FOREST DIVISION, RANNI. 4. RANNI ANGADI GRAMA PANCHAYATH, REP. BY ITS SECRETARY, RANNI ANGADY, RANNI. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R4 BY SRI.T.M.ABDUL LATHEEF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6775/2008: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1--TRUE COPY OF THE DECISION NO.8 OF THE 4THRESPONDENT PANCHAYAT DATED 11.11.2005. EXT.P2--TRUE COPY OF REPRESENTATION SUBMITTED BY THE THONDAD CITIZEN'S FORUM DATED 30.11.2005 BEFORE THE MINISTER FOR FOREST. EXT.P3--TRUE COPY OF THE ORDER BEARING NO.FC2/24/2006 DATED 14.2.2006. EXT.P4--TRUE COPY OF THE ROUGH SKETCH OF THE ENTIRE AREA. EXT.P5--TRUE COPY OF REPLY TO THE COMPLAINT ISSUED BY THE 4TH RESPONDENTS BEARING NO.C1-685 DATED 31.01.2008. RESPONDENT'S EXHIBITS: NIL H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------ W.P.(C) No.6775 of 2008-S ------------------------------------------------- Dated, this the 6th day of November, 2008 JUDGMENT A.K.Basheer, J. Petitioners claim that they are representatives of Mannarathara and Thondada Citizen's Forum and beneficiaries of Kolakutty-Edamannilpady Public Road. Admittedly, about 1200 metres of the above road runs through forest area. It appears that, by Ext.P3 communication dated February 14, 2006, the Chief Conservator of Forests (Special Afforestation), Thiruvananthapuram had informed respondent No.2 to carry out repair of the above road running through the forest area after obtaining an undertaking from the panchayat (respondent No.4), in terms of the clauses contained in the above communication. The grievance of the petitioners is that, neither respondent No.3, Divisional Forest Officer nor respondent No.4, the panchayat are taking any steps to carry out the repairs of the road in spite of Ext.P3 communication. 2. In the counter affidavit filed by the panchayat it is admitted that, the road in question passes through forest and that W.P.C. No.6775/2008 -2- permission for maintenance had been granted subject to the conditions indicated in Ext.P3. It is further averred that the panchayat is prepared to carry out the repair subject to availability of funds. More importantly, the panchayat has expressed its readiness and willingness to give the undertaking to the Forest Department as stipulated in Sub-clause 14 of Ext.P3. Learned counsel for the panchayat further submits that panchayat has absolutely no objection in carrying out the repair subject to the availability of funds. 3. In view of the submission made on behalf of the panchayat we do not deem it necessary to issue any further direction in this matter. Recording the submission made by the learned counsel for the panchayat, the writ petition is closed. 4. I.A.No.11451/2008 is closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS