IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 OP(C).NO. 2596 OF 2011(O) ----------------------------------------- OA.1/2009 OF ADDL.DISTRICT COURT, KOZHIKODE .................... PETITIONER: -------------------- PRAVEEN, S/O,.MATHRADIKKAL VIJAYA RAGHAVAN, AGED 49 YEARS, PUTHIYANGADI AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP BY ITS SECRETARY TO GOVERNMENT, DEPT OF FOREST AND WILD LIFE GOVT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND AND CHIEF CONSERVATOR OF FORESTS (ADMN) FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014. BY GOVERNMENT PLEADER (FOREST) SHRI P.M. PAULOSE - R1-2 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2596 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF O.A. NO.1 OF 2009 PENDING ON THE FILE OF THE LEARNED TRIBUNAL CONSTITUTED UNDER THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ACT, 2003, KOZHIKODE. EXHIBIT P2 TRUE COPY OF I.A. NO.25 OF 2011 SUBMITTED BY THE PETITIONER IN O.A. NO.1 OF 2009. EXHIBIT P3 TRUE COPY OF I.A. NO.26 OF 2011 SUBMITTED BY THE PETITIONER IN O.A. NO.1 OF 2009. EXHIBIT P4 TRUE COPY OF I.A. NO.54 OF 2011 SUBMITTED BY THE PETITIONER IN O.A. NO.1 OF 2009. EXHIBIT P5 TRUE COPY OF I.A. NO.55 OF 2011 SUBMITTED BY THE PETITIONER IN O.A. NO.1 OF 2009. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2596 of 2011 ==================================== Dated this the 24th day of August, 2011 J U D G M E N T Petitioner who has filed O.A. No.1 of 2009 before the Tribunal constituted under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) (for short, “the Tribunal”) for a declaration that property involved in the Original Application is not ecologically fragile land as on the appointed day seeks a direction to the Tribunal to dispose of Exts.P2 to P5, applications. According to the petitioner, the Advocate Commissioner has not produced the sketch of the property inspected by him and hence petitioner has filed Ext.P2, I.A. No.25 of 2011 to direct the Advocate Commissioner to produce sketch, Ext.P3, I.A. No.26 of 2011 to set aside report of the Advocate Commissioner and Ext.P4, I.A. No.54 of 2010 to summon the Advocate Commissioner for examination. Yet another application, Ext.P5 – I.A. No.54 of 2010 is filed for permission to examine the Expert Commissioner. Grievance of petitioner is that the said applications are not disposed of so far. 2. I have heard learned Government Pleader also. 3. If Exts.P2 to P5 are not so far disposed of, the Tribunal O.P(C) No.2596 of 2011 -: 2 :- has to dispose of the same as early as possible and as provided under the law. Original Petition is disposed of directing the Tribunal to dispose of Exts.P2 to P5, applications (if the same are not already disposed of) if steps are over and if there is no legal impediment in doing so as early as possible and as provided under law. THOMAS P. JOSEPH, JUDGE. vsv