IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36650 of 2010(E) --------------------------------------- PETITIONER(S): ------------------------ GANAPRIYA, AGED 71 YEARS, W/O.K.RAGHUNADHAN, AMBALATHARA VEEDU, THOPPUMRI THEKKADA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S): --------------------------- 1. VILLAGE OFFICER, THENNOR VILLAGE, PERINGAMMALA, NEDUMANGADU TALUK, 695 005. 2. THAHASILDAR, NEDUMANGADU, THIRUVANANTHAPURAM-695 005. 3. COUSTODIAN (ECOLOGICALLY FRAGILE LAND) AND CHIEF CONSERVATOR OF FORESTS DEVELOPMENT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 36650 OF 2010 ===================== Dated this the 8th day of December, 2010 J U D G M E N T Petitioner submits that as per Ext.P1 auction sale certificate, she has purchased the property having an extent of 10 acres situated in Sy.No.3985 of Thenoor Village of Nedumangad Taluk. It is stated that her application for mutation is kept pending by the 1st respondent on the ground that the petitioner has to produce a clarification from the 3rd respondent that the property is not one notified as an ecologically fragile land. Petitioner's grievance is that despite having approached the 3rd respondent, no clarification has been issued, and therefore, the writ petition has been filed. 2. Learned Government Pleader points out that if the petitioner makes an application to the Divisional Forest Officer, Thiruvananthapuram, the DFO will verify the documents and issue a clarification whether the property covered by Ext.P1 is notified as an ecologically fragile land or not. 3. Therefore, I direct that it will be open to the petitioner to move the DFO, Thiruvananthapuram by making an appropriate WPC No. 36650/10 :2 : application producing a copy of this judgment along with a copy of this writ petition, in which event, the DFO will issue a clarification whether the property covered by Ext.P1 is a notified ecologically fragile land or not. With the aforesaid clarification, the writ petition is disposed of. If any application is made, clarification shall be issued at any rate within 4 weeks thereafter. ANTONY DOMINIC, JUDGE Rp