IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 RP.No. 737 of 2008 ---------------------- AGAINST THE JUDGEMENT IN MFA.627/2000 Dated 28/06/2007 (O.A. 32/1997 OF FOREST TRIBUNAL, KOZHIKODE) .................... PETITIONERS :RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS AND CONSERVATOR OF FORESTS, EASTERN CIRCLE, PALAKKAD-2. BY GOVERNMENT PLEADER SRI M.P. PRAKASH RESPONDENTS: RESPONDENTS ----------------------------------- 1. A.T.JOHN, S/O.LATE A.V.THOMAS ARIMANNIL HOUSE, PO.MAKKIYAD, THONDERNAD, VIA., VALLAMUNDA, WAYANAD. 2. THRESIA, D/O.LATE V.A.THOMAS, ARIMANNIL HOUSE, VERIKALLOR AMSOM, BATHERI TALUK, WAYANAD . 3. XAVIER, S/O.LATE A.V.THOMAS ARIMANNIL HOUSE, THONDERNAD VIA., VELLAMUNDA, WAYANAD. BY ADV. COPY SERVED ON SRI.V.V.SURENDRAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ------------------------------------------------------------------- C.M. Application No 1427 of 2008 and R.P. No 737 of 2008 in M.F.A. No 627 of 2000 ------------------------------------------------------------------- Dated this the 4th August 2008 O R D E R Koshy,J. This is a petition to condone the long delay of 288 days in filing the review petition. The reason stated is that against the impugned judgment Special Leave Petition was filed before the Supreme Court and it was dismissed by order dated 04.01.2008. Till the dismissal of the Special Leave Petition, filing of a review petition against the judgment of this court was never thought of. Even though the S.L.P was dismissed on 04.01.2008 the review petition was filed only on 21.05.2008 with the very same contentions which were raised in the appeal. Delay is not satisfactorily explained. We therefore see no ground to condone the long delay in filing the review petition. The C.M. Application is dismissed. Consequently the review petition also stands dismissed. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 04/08/2008 en [true copy]