IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 35577 of 2008(I) -------------------------- PETITIONER(S): --------------- SUDHA, AGEDE 55 YEARS, D/O. BALAKRISHNAN REMA BHAVAN, PADANAYARKULANGARA SOUTH, KARUNAGAPPALLY P.O., KOLLAM 690 518, REP. BY HIER POWER OF ATTORNEY HOLDER K. RAJU, AGED 61 YEARS, S/O. KESAVAN, RES. AT DO.. DO.. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ANEISH RAVINDRA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, FOREST ENVIRONMENT & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, SUB REGISTRY OFFICE, AGALY, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, MANNARKAD, PALAKKAD. BY SPL.GP. SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35577/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioner claims to be the owner in possession of two Acres of land stated to have been purchased under Ext.P1, followed by an order of assignment of the jenm right under Exts.P2 and P3. It is now stated that the sale of the property requires a No Objection Certificate from the Divisional Forest Officer and hence Ext.P5 application has been preferred in this regard. Writ petition has been filed seeking a direction to consider Ext.P5. 2. Learned Government Pleader submits that the application originally filed was defective and it is also noted that the application is presented by the Power of Attorney Holder. Defects have now been cured and a decision will be taken on Ext.P5. 3. In the result, writ petition is disposed of directing the third respondent to consider and take a W.P.(C).35577/2008 2 decision on Ext.P5 within three months from the date of receipt of a copy of this judgment. It is made clear that if the third respondent requires the personal appearance of the petitioner, it shall also be ensured before an order is passed on Ext.P5. V.GIRI, Judge mrcs