IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20800 of 2008(A)
1. M/S.POPULAR ESTATES, (NOW DISSOLVED)
... Petitioner
2. M/S.POPULAR PLANTATIONS, (NOW DISSOLVED)
Vs
1. THE STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE
For Petitioner :SRI.T.R.RAVI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/07/2008
O R D E R
S.SIRI JAGAN, J
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W.P.(C).No. 20800 OF 2008
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Dated this the 10th day of July, 2008.
J U D G M E N T
The petitioner challenges Ext.P7 order passed by the Chief
Conservator of Forests (Administration), Thiruvananthapuram,
under Section 19(3) of the Kerala Forest (Vesting and
Management of Ecologically Fragile Lands) Act, 2003.
2. I am of opinion that the petitioner has got a right to
file an application under Section 10 of the Act, before the
Tribunal against Ext.P7 order, although the petitioner would
doubt whether such an application would lie. On a reading of
Section 10, I am satisfied that the application would lie before
the Tribunal against Ext.P7 order also under Section 10.
Therefore, without prejudice to the right of the petitioner to
file a properly constituted application under Section 10 of the Act,
this writ petition is dismissed.
S.SIRI JAGAN, JUDGE
bkn/-