P.Muhammedkutty @ Manu vs State Of Kerala-Represented By on 5 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3832 of 2009(F)


1. P.MUHAMMEDKUTTY @ MANU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA-REPRESENTED BY
                       ...       Respondent

2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE

3. THE DIVISIONAL FOREST OFFICER,

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/02/2009

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                    W.P.(C.) No.3832 of 2009
             ---------------------------------
            Dated, this the 5th day of February, 2009

                          J U D G M E N T

Ext.P11 order is under challenge. This is an order passed by

the 2nd respondent rejecting an application made by the petitioner

under Section 19 of the Kerala Forest (Vesting and Management of

Ecologically Fragile Lands) Act, 2003 in terms of the provisions

contained in the Act and the Rules.

2. If the petitioner is aggrieved by the said order, the

petitioner has a remedy before the Tribunal constituted under the

said Act. Now, that the statute provides an affective alternate

remedy, the petitioner may pursue the matter before the Tribunal.

Without prejudice to the contentions and with liberty to pursue the

matter before the Tribunal, the writ petition is disposed of.

(ANTONY DOMINIC, JUDGE)
jg