Kerala High Court
State Of Kerala Represented By The vs P.B.Babu on 30 June, 2008
Author: H.L.Dattu
Bench: H.L.Dattu, A.K.Basheer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1252 of 2007()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
2. CHIEF CONSERVATOR OF FORESTS (PROTECTION
3. THE DIVISIONAL FOREST OFFICER,
Vs
1. P.B.BABU, S/O.BALAN,
... Respondent
2. MALABAR CEMENTS LTD., REPRESENTED BY
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.MILLU DANDAPANI
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :30/06/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1252 of 2007
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Dated, this the 30th day of June, 2008
JUDGMENT
H.L.Dattu, C.J.
The State, being aggrieved by the orders passed by the learned Single Judge in I.A.No.5182 of 2007 in W.P.(C) No.33231 of 2006 dated 4-4-2007 has filed the present appeal.
2. This Court while entertaining the writ appeal, had granted an interim order of stay, staying the orders passed by the learned Single Judge in I.A.No.5182 of 2007. The interim order passed by this Court still operates against the respondents.
3. The learned Single Judge while granting the interim prayer had only permitted the petitioner to make use of the forest road via. Kava through the Chackolas Estate area for the purpose of removing silt/sand from the mining area for a period of three months. The time granted by the learned Single Judge has expired. Therefore, at this stage, in our opinion, nothing survives in this writ appeal for our consideration and decision. Therefore, the writ appeal is disposed of, as having become unnecessary. However, we reserve liberty to the petitioner in W.A.No.1252 of 2007 -2- the writ petition to request the learned Single Judge to take up the writ petition for hearing out of turn. If such a request is made, the learned Single Judge may consider the same. All the contentions of both the parties are left open.
Ordered accordingly.
(H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.