Parameswaran Namboothiripad vs State Of Kerala on 5 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31883 of 2008(U)


1. PARAMESWARAN NAMBOOTHIRIPAD, AGED 68
                      ...  Petitioner
2. SUBRAMANIAN NAMBOOTHIRIPAD, AGED 66
3. NARAYANAN NAMBOOTHIRIPAD, AGED 64 YEARS,

                        Vs



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

2. PRINCIPAL CHIEF CONSERVATOR OF FOREST,

3. DIVISIONAL FOREST OFFICER,

4. FOREST RANGE OFFICER, OTTAPALAM RANGE,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :05/11/2008

 O R D E R
                         V.GIRI, J
                       -------------------
                   W.P.(C).31883/2008
                       --------------------
      Dated this the 5th day of November, 2008

                       JUDGMENT

Petitioners claim to be the owners of 55 acres of

property in Survey No.38/2 of Shornur Village in

Palakkad District. The said land, though originally

proposed to be treated as vested forest lands, is

stated to have been later handed over to the

petitioners on a declaration made in that behalf by the

competent Forest Tribunal. Petitioners are now

aggrieved by the proposal on the part of the

respondents to treat the same as ecologically fragile

land. Petitioners have filed Ext.P1 objection before the

second respondent, who is competent to take a

decision on such objections and decide whether the

land is liable to be treated as ecologically fragile.

Having heard learned Special Government

Pleader also, writ petition is disposed of directing the

second respondent to consider and take a decision on

Ext.P1 within a period of six months from the date of

W.P.(C).31883/2008
2

receipt of a copy of this judgment. Status quo shall

prevail till a decision is taken as aforementioned.

V.GIRI,
Judge

mrcs