M. Neelakandan Nambooridi vs State Of Kerala on 11 February, 2008

Kerala High Court
M. Neelakandan Nambooridi vs State Of Kerala on 11 February, 2008
       

  

  

 
 
  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.



                 ------------------------------------



                               W.P.(C) 4901 of  2008



                 -------------------------------------



                             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/-

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