IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26424 of 2010(C)
1. MRS.M.NIRMALA, D/O.A.P.RAMANKUTTY NAIR
... Petitioner
2. MRS.JYOTHI SIVASANKARAN,
3. MRS.GEETHA BHASKAR, D/O.A.P.RAMANKUTTY
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CUSTODIAN (ECOLOGICALLY FRAGILE LANDS)&
3. CONSERVATOR OF FOREST & CUSTODIAN OF
4. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.V.V.SURENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/08/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 26424 of 2010
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Dated this the 19th day of August, 2010
J U D G M E N T
Petitioners are legal heirs of late Ramankutty Nair
whose properties were notified as vested in the Government
under the Kerala Private Forest (Vesting and Assignment)
Act. He filed O.A No.136/75 before the Forest Tribunal,
Palakkad and the same was allowed by the Forest Tribunal
holding that the property is not vested. The said order was
continued by this Court in M.F.A.No.45/78. The petitioners’
grievance in this writ petition is that the property has been
not been restored to the petitioners yet in accordance with
the judgment. According to the petitioners, it is not
notified under the Kerala Forest Vesting and Management
Ecologically Fragile Land Act also. But respondents are
interfering with the peaceful enjoyment of the land of the
petitioners is their contention in this writ petition.
W.P.(C).No. 26424 of 2010 2
The learned Government Pleader on instructions
points out that by Exhibit P8 gazette notification the land
has been declared as an ecologically fragile land and
therefore the property cannot now be restored to the
petitioners. That being so the petitioners’ remedy lies in
approaching the Tribunal as provided in the said Act.
Accordingly, without prejudice to that right of the
petitioners, this writ petition is dismissed.
S.SIRI JAGAN, JUDGE.
rkc