IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 2853 of 1999(M) --------------------------------- PETITIONERS: --------------------- 1. C.T. KURIAKOSE, ST. MARY'S SAW MILL, VITHURA.P.O., THIRUVANANTHAPURAM. *ADDL.P2. R. RAVEENDRAN NAIR, GOKULAM TIMBERS, RESIDING AT RAHUL NIVAS, VITHURA, NEDUMANGADU. *ADDL.P.2. IS IMPLEADED AS PER ORDER DATED 15/02/2008 IN I.A. NO. 13731/2004-M. BY ADV. SRI.M.BALAGOVINDAN, ADV. SRI.BIJU KURIAKOSE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. FOREST RANGE OFFICER, PALODE RANGE, PALODE, THIRUVANANTHAPURAM. 4. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. N SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 2853/1999-M: ORDER ON C.M.P. NO. 4833/1999 IN O.P. NO. 2853/1999-M DISMISSED 15/02/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE OF THE SAW MILL. DTD. 06/01/90. EXT.P.2: COPY OF THE SANCTION ORDER FROM THE RESPONDENTS DTD. 06/01/90. EXT.P.3: COPY OF THE NOTICE FROM THE R.3. DTD. 07/01/99. EXT.P.4: COPY OF THE SALE DEED. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.2853 of 1999-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008. JUDGMENT The original petition is filed challenging Ext.P3, whereby the Forest Range Officer informed the deceased petitioner to stop functioning of the saw mill within 15 days. The respondents have not filed any counter affidavit here. It is represented that the saw mill has been functioning in view of the interim order of stay granted by this court. 2. The additional second petitioner can file his objections to Ext.P3 before respondents 2 and 3. The competent authority will look into their objections and pass appropriate orders after considering the fact that the saw mill was being run from 1981 onwards. The competent authority will apply its mind to the issue that is covered by the judgment in O.P. Nos.6696/1996, 22203/1997, etc. and find out whether the establishment of the petitioners are covered by the directions in the said judgments. Detailed reasons also will be stated if the decision is adverse to the petitioners. The same shall be done within a period of three months from the date of production of a copy of this judgment. Till orders are passed and communicated to the additional second petitioner, the interim stay granted by this court on 3.2.1999 will OP 2853/1999 -2- continue to be in force. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ OP 2853/1999 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.2853 of 1999 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 15th February, 2008.