IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36650 of 2010(E)
1. GANAPRIYA, AGED 71 YEARS, W/O.
... Petitioner
Vs
1. VILLAGE OFFICER, THENNOR, VILLAGE,
... Respondent
2. THAHASILDAR, NEDUMANGADU,
3. COUSTODIAN (ECOLOGICALLY FRAGILE LAND)
For Petitioner :SRI.SANU.S.PANICKER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :08/12/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 36650 OF 2010
=====================
Dated this the 8th day of December, 2010
J U D G M E N T
Petitioner submits that as per Ext.P1 auction sale certificate,
she has purchased the property having an extent of 10 acres
situated in Sy.No.3985 of Thenoor Village of Nedumangad Taluk.
It is stated that her application for mutation is kept pending by
the 1st respondent on the ground that the petitioner has to
produce a clarification from the 3rd respondent that the property is
not one notified as an ecologically fragile land. Petitioner’s
grievance is that despite having approached the 3rd respondent,
no clarification has been issued, and therefore, the writ petition
has been filed.
2. Learned Government Pleader points out that if the
petitioner makes an application to the Divisional Forest Officer,
Thiruvananthapuram, the DFO will verify the documents and issue
a clarification whether the property covered by Ext.P1 is notified
as an ecologically fragile land or not.
3. Therefore, I direct that it will be open to the petitioner
to move the DFO, Thiruvananthapuram by making an appropriate
WPC No. 36650/10
:2 :
application producing a copy of this judgment along with a copy
of this writ petition, in which event, the DFO will issue a
clarification whether the property covered by Ext.P1 is a notified
ecologically fragile land or not. With the aforesaid clarification, the
writ petition is disposed of. If any application is made, clarification
shall be issued at any rate within 4 weeks thereafter.
ANTONY DOMINIC, JUDGE
Rp