N K SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed under Article 227 of the Constitution of India seeking the following relief: "to issue a writ of mandamus or any other appropriate writ, order or direction directing the learned tribunal to issue appropriate orders to implement the injunction order passed by the tribunal immediately".

(2.) THE Forest Tribunal in an O. A filed by some persons who are not parties to the proceedings, directed the respondents herein from interfering with the possession and enjoyment of the schedule property covered by that petition till the disposal of that application. In that order, a copy of which is produced as ext. P1, a further direction was also made that no quarrying shall be conducted in respect of the rocky portion lying in survey No. 428/j5. Pursuant to that order, petitioner herein who was conducting quarrying operation and also operating two crusher units, approached the Forest Tribunal that Ext. P1 order cause him severe hardship and irreparable injury inasmuch as he is prevented from even running the crusher units by the forest officials. He moved an application, Ext. P2, for a clarification of the order so that he can continue the operation of his crusher units. That application filed, even after a long lapse of time is not taken up and disposed on merits, is the grievance raised in this petition for the relief mentioned above.

(3.) LEARNED Government Pleader takes notice for the 1st respondent and special Government Pleader (Forest) for the 2nd respondent. I heard the counsel on both sides.