IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2529 of 2010(O)
1. P.NOORUDHEEN, PALLATH HOUSE,
... Petitioner
2. P.HAMZA, PALLATH HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CUSTODIAN AND CONSERVATOR OF VESTED
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.BHAVADASAN
Dated :02/03/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C) No. 2529 of 2010
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Dated this the 2nd day of March, 2010
JUDGMENT
This petition is filed under Article 227 of the
Constitution of India seeking a direction to consider Exts.P4
and P5 applications. Ext.P4 was filed for correcting the
order and Ext.P5 was filed for amending the O.A. schedule.
2. The predecessor-in-interest of the petitioner had
approached the Forest Tribunal, Palakkad by filing O.A.
No.588 of 1976, claiming exemption in respect of 7 acres of
land under section 8 of the Kerala Private Forest (Vesting &
Assignment) Act. The O.A. was allowed. Survey number of
the property is shown as 96/3 of Nochipully desom, as per
Ext.P1 judgment. State has filed appeal, which was
dismissed and the decree became final. The petitioners who
were assignees of the applicant got themselves impleaded
in the applications filed for correcting the order and
amending the O.A. schedule. The Forest Tribunal dismissed
the applications holding that the Tribunal has no
W.P.(C) No. 2529/10 2
jurisdiction as the order is merged with the judgment of
this Court. The petitioners approached this Court and this
Court as per Ext.P3 order, directed the petitioners to
approach the Tribunal for the said reliefs. Thereafter, the
petitioners have filed Exts. P4 and P5 applications before
the Tribunal.
3. The grievance of the petitioners is that the Tribunal
is awaiting the records and that the applications are not
being disposed of.
4. In the light of the fact that there is an earlier
direction to the petitioners to approach the Tribunal and
petitioners have filed necessary applications. Hence, there
will be a direction to the Forest Tribunal to dispose of
Exts.P4 and P5 applications as early as possible, at any rate
within three months from the date of receipt of copy of this
judgment. It is made clear that status quo as on today shall
be maintained, till the applications mentioned above are
disposed of.
P.BHAVADASAN, JUDGE.
mn.