IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4901 of 2008(H)
1. M. NEELAKANDAN NAMBOORIDI,
... Petitioner
2. M. NEELAKANDAN UNNI,
3. M. PARAMESWARAN NAMBOODIRI,
Vs
1. STATE OF KERALA,
... Respondent
2. THE CUSTODIAN OF VESTED FORESTS,
3. THE CHIEF CONSERVATOR OF FORESTS/
For Petitioner :SRI.P.N.KRISHNANKUTTY ACHAN(SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 4901 of 2008
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Dated: February 11, 2008
JUDGMENT
The prayer made in this writ petition is for directing
consideration of Ext.P3, an application made by the petitioner to the
2nd respondent invoking his power under sec.19(3)(b) of the Kerala
Forest (Vesting and Management of Ecologically Fragile) Lands Act,
2003.
2. It is pointed out by the learned Government Pleader that
since the notification in question has been issued under the
provisions of the Act itself, sec.19(3)(b) invoked by the petitioner is
inapplicable since its operation is confined to notification issued
under the ordinances that preceded the Act.
3. Since the position is as submitted by the Government
Pleader, I do not think that this court will be justified in directing
consideration of Ext.P3. Needless to say that in case the petitioner is
aggrieved by the notification under the Act, the remedy open to the
WP(C) 4901/08
Page numbers
petitioner is to move the Tribunal constituted under sec.9 of the
Act. With that liberty and without prejudice to the contentions of
the petitioners, this writ petition is dismissed.
ANTONY DOMINIC
JUDGE
mt/-
