IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27865 of 2007(P)
1. PREMA DAS P., W/O S.DAS,
... Petitioner
Vs
1. THE FOREST RANGE OFFICER,
... Respondent
2. THE DIVISIONAL FOREST OFFICER,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 27865 OF 2007 P
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Dated this the 1st October, 2007
J U D G M E N T
The prayer in this writ petition is to direct the
respondents not to prevent the petitioner and her
workers from carrying out agricultural activities in
the property covered by Exts. P2 to P4 or interfere
with their peaceful enjoyment and possession.
Petitioner also seeks a direction that her properties
covered by Exts. P2 to P4 are not declared as
ecologically fragile land.
2. It is the contention of the learned counsel for
the writ petitioner that the land has not been notified
as an ecologically fragile land, nor has the petitioner
been given any intimation thereof. It is also
submitted that no demarcation or any kind of survey has
been done by any of the respondents and that despite
this, the petitioner is prevented from carrying on her
normal agricultural activities.
3. A statement has been filed by the Special Govt.
Pleader which states that the property in question
WPC No. 27865/07 -2-
having an extent of 4.5725 hectares of land in Re-
survey No. 73/1 (Old Sy. No. 124/12C) of Achooranam
Village is an ecologically fragile land vested in the
Government under Section 3 of the Kerala Forest
(Vesting & Management of Ecologically Fragile Lands)
Act, 2003. It is stated that out of the aforesaid area
only an area of 2.5289 hectares of land can be claimed
by the petitioner as per the Village records. It is
also stated hat the land was automatically vested in
the Government in view of the provisions of the
Ordinance which preceded the Act and that such vesting
has taken place with effect from 2-6-2000.
4. Thus, the case of the respondents is that an
extent of 2.5289 hectares of land belonging to the
petitioner has vested as ecologically fragile land.
According to the respondents, this area was vested in
the Government in view of the provisions contained in
the Ordinance which has now been replaced by the
aforesaid Act.
5. In the nature of the contentions that are now
raised by the respondents in the statement, I do not
think it appropriate to express anything on the merits
WPC No. 27865/07 -3-
of the contentions raised by the petitioner. Section
10 of the Act provides for settlement of disputes by
the Tribunal and the question as to whether the land is
ecologically fragile is also a matter which is to be
gone into by the Tribunal. Therefore, the appropriate
course open to the petitioner is to approach the
Tribunal and without prejudice to that right of the
petitioner and leaving open the contentions raised I
dispose of this writ petition.
ANTONY DOMINIC
JUDGE
jan/-