High Court Kerala High Court

Mr.Bojan vs State Of Kerala Represented By on 15 February, 2008

Kerala High Court
Mr.Bojan vs State Of Kerala Represented By on 15 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5570 of 2008(K)


1. MR.BOJAN,S/O.MR.KADA GOWDER
                      ...  Petitioner
2. MRS. RANI, D/O. MR.KADA GOWDER
3. MRS.KAMALA,D/O. MR.KADA GOWDER
4. MRS. LAKSHMI, D/O. MR.KADA GOWDER
5. MR.SUNDARRAJAN, S/O.MR.KADA GOWDER
6. MR.SIVARAMAN,S/O.MR.KADA GOWDER
7. MRS.CHANDRAMATHI,D/O.MR.KADA GOWDER
8. MR.RAVI,S/O.KADA GOWDER
9. MRS. SHEELA,D/O.MR.KADA GOWDER
10. J.RAJU, EX-GOVERNMENT TEACHER

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE PRINCIPLE CHEIF CONSERVATOR OF

3. THE DIVISIONAL FOREST OFFICER

                For Petitioner  :SMT.SREEKALA KRISHNADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/02/2008

 O R D E R
                                ANTONY DOMINIC, J.

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                              W.P.(C) 5570  of  2008

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                            Dated: February 15, 2008



                                     JUDGMENT

The challenge in this writ petition is against the notification

issued declaring the petitioner’s property as an ecologically fragile

land in terms of the Kerala Forest (Vesting and Management of

Ecologically Fragile Lands) Ordinance 2000. Subsequently the

Ordinance has been replaced by Act 21/2003 and it provides for the

constitution of a Tribunal in terms of sec.9 thereof for settlement

of disputes.

2. In my view, if the petitioner is aggrieved by the notification

referred to above, the remedy open to the petitioner is to seek

settlement of the dispute before the Tribunal. With the above

observation this writ petition is dismissed.

ANTONY DOMINIC, JUDGE

mt/-