IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21680 of 2008(E)
1. NANIKUTTY AMMA, D/O.MEENAKSHMY AMMA
... Petitioner
2. THE CUSTODIAN OF VESTED FORESTS
3. THE CHIEF CONSERVATOR OF FORESTS
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.C.JOHN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :30/09/2008
O R D E R
V.GIRI, J
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W.P.(C).21680/2008
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Dated this the 30th day of September, 2008
JUDGMENT
Petitioner seeks a direction to the respondents to
restore the property scheduled to Ext.P1 order under
the Kerala Forest Act. Respondents resist the same on
the ground that it is liable to be treated as ecologically
fragile land in terms of the provisions of the Kerala
Forest (Vesting & Management of Ecologically Fragile
Land) Act, 2003. Petitioner disputes this on the
ground that the land is not liable to be treated so.
Paragraph 2 of the affidavit filed on behalf of the first
respondent as directed by this Court, reads as
follows:-
It is submitted that the proposal for
notification of 3.07 acres of land in
Sy.No.23/3, 4 of Sreekrishnapuram
Village-I involved in the above case is in
the active consideration of the Custodian
of Ecologically Fragile Lands for vesting
of the same under Section 3(1) of Kerala
W.P.(C).21680/2008
2Forest (Vesting and Management of
Ecologically Fragile Lands) Act, 2003. In
this regard, some more additional in
formations and remarks of the Chief
Conservator of Forests (Northern Region)
and a certificate from the Divisional Forest
Officer, Palakkad is pending. On receipt of
the same, the land shall be notified as
Ecologically Fragile Lands. As of now the
Government considers the above said land
as an Ecologically Fragile Lands.
2. In my view, the only direction which is required at
this stage is one to the Government to expedite the
process which is undertaken as mentioned in paragraph
2 of the affidavit. If on completion of the process, the
competent authority comes to the conclusion that the
land need not be treated as ecologically fragile, then
same shall be forthwith restored to the petitioner. But if
the competent authority comes to the conclusion that it
is to be notified as ecologically fragile land, then it is
open to the petitioner to take appropriate steps in
relation to any action taken by the third respondent in
that regard.
W.P.(C).21680/2008
3
3. Accordingly, writ petition is disposed of directing
the third respondent to complete the process for
determining whether the property having an extent of
3.07 acres of land in Sy.No.23/3, 4 of Sreekrishnapuram
Village-I scheduled to Ext.P1 order, is to be notified as
an ecologically fragile land in terms of the above
mentioned Act, as early as possible, at any rate, within a
period of three months from the date of receipt of a copy
of this judgment.
V.GIRI,
Judge
mrcs