B.Aravindhakshan vs State Of Kerala on 14 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24636 of 2008(G)


1. B.ARAVINDHAKSHAN, 59 YEARS, S/O.BALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY TO
                       ...       Respondent

2. DIVISIONAL FOREEST OFFICER, SPECIAL DIVI

3. DIVISIONAL FOREST OFFICER, PALAKKAD.

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :14/08/2009

 O R D E R
                            S. SIRI JAGAN, J
                  ...............................................
                    W.P(C) No. 24636 of 2008
                 .................................................
          Dated this the 14th day of August, 2009

                            J U D G M E N T

The petitioner obtained Ext.P1 orders from the Forest

Tribunal, Palakkad in O.A.No. 123 of 1976 to the effect that the

land involved in that O.A. is exempted from the provisions of the

Kerala Private Forest (Vesting and Assignment) Act, 1971, in view

of Section 3(2) thereof. That order was passed on 9.10.1979. The

petitioner’s grievance in this writ petition is that even after 30

years, respondents have not restored the land covered by Ext.P1

order to the petitioner. The petitioner therefore seeks the

following relief:

“(i) Issue an appropriate writ, order or direction
commanding the respondents 2 and 3 to consider Ext.P1
and on the basis of Ext.P2 to carry out all necessary
consequential changes and carry out such statutory
procedures, to confer the properties to the petitioner on
the basis of Ext.P1 within such time as may be fixed by this
court.”

A statement has been filed on behalf of 3rd respondent. The

contention taken by the respondents is that although the land has

been exempted from the purview of the Kerala Private Forest

(Vesting and Assignment) Act, 1971, in view of the provisions of the

W.P(C) No. 24636 of 2008 -2-

Kerala Forest (Vesting and Management of Ecologically Fragile

Lands) Act, 2003, the land in question has become vested in the

Government. In such circumstances, the respondents are not

bound to restore the land to the petitioner despite Ext.P1 orders of

the Forest Tribunal is the contention taken in the statement. The

counsel for the petitioner would contend that that contention would

not stand in view of the fact that no notification declaring the land

in question as an ecologically fragile has been issued by the

Government yet. But the learned Government Pleader points out

that in view of Annexure R3(b) judgment of this court, it is not

necessary that a separate notification be issued declaring a land as

an ecologically fragile land and in that judgment it has been held

that the vesting is automatic by operation of Section 3(1) of the

Act. What ever be the merits of the rial contentions, I am of

opinion that all these questions are to be taken up and agitated by

the petitioner before the tribunal established under Kerala Forest

(Vesting and Management of Ecologically Fragile Lands) Act.

Therefore, without prejudice to that right this writ petition is

closed.

S. SIRI JAGAN, JUDGE
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