IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 OP.No. 18157 of 2002(J) PETITIONER(S): 1. THERUVAN AGRO FARMS (PVT) LTD., REP. BY ITS MANAGING DIRECTOR BERNARD MANUEL, DOOR NO.1009-A/42, WARD NO.23, THERUVAN TOWER, THODUPUZHA, IDUKKI DISTRICT. 2. THERUVAN PLANTATIONS (PVT) LTD., REP. BY ITS MANAGING DIRECTOR BERNARD MANUEL, DOOR NO.24/280, KOLANI KARA, KARIMKUNNAM P.O., THODUPUZHA. 3. THERUVAN SPICE FARM (PVT) LTD., REP. BY ITS MANAGING DIRECTOR PAUL MANI, DOOR NO.1009-A/41, WARD NO.23, THERUVAN TOWER, THODUPUZHA. 4. BERNARD MANUEL, THERUVANKUNNEL HOUSE, KARIMKUNNAM P.O., KOLANI, KARIMKUNNAM. BY ADV. SRI.MATHAI M PAIKADAY, SENIOR ADVOCATE SRI.JOE JOSEPH KOCHIKUNNEL SRI.ALEX JOSE PAIKADA RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD. 4. THE TAHSILDAR, ALATHUR TALUK, PALAKKAD DISTRICT. SPL. GOVERNMENT PLEADER SRI. P.M. POULOSE (FOREST) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 18157 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th September, 2009. J U D G M E N T In this original petition, the petitioners are challenging Ext. P3 notification issued by the Government of Kerala under the Kerala Private Forests (Vesting and Assignment) Act, 1991 declaring that the properties mentioned in that notification, which included the petitioners' property, vest with the Government under the Act. I am of opinion that the petitioners' remedy against the same lies in filing an original application before the Forest Tribunal concerned as provided in the Act itself. Therefore, without prejudice to that right, if the petitioners can still maintain such an O.A at this point of time, this original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.