IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31582 of 2008(I) -------------------------- PETITIONER(S): --------------- N.AYYAPPAN, S/O.RAMAN, 64 YEARS, NELLIKUNNATH HOUSE, AMBALAPPARA PO., OTTAPPALAM, PALAKKAD-PIN-679512. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT OF FOREST AND VILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMN.), FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, PALAKKAD. 4. FOREST RANGE OFFICER, OTTAPPALAM, PALAKKAD. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31582/2008 -------------------- Dated this the 28th day of October, 2008 JUDGMENT Petitioner claims ownership of 4 acres and 60 cents of property as per Document No.761/1958. There is a dispute as to whether the land is an ecologically fragile land within the meaning of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003. Petitioner refers to Ext.P6, a communication from the Divisional Forest Officer, indicating that the land cannot be treated as ecologically fragile. But a decision is to be taken by the Conservator. Petitioner submits that if there is a dispute as to whether the land is ecologically fragile, he has a remedy by way of an application before the Tribunal constituted under Section 10 of the said Act. A similar issue has been considered by this Court in Ext.P7 judgment. In the result, writ petition is disposed of holding that it is open to the petitioner to approach the W.P.(C).31582/2008 2 Tribunal under Section 10 of the Act. If an application is filed in that behalf as contemplated by the said Act and the Rules framed there under, the same shall be entertained by the Tribunal. V.GIRI, Judge mrcs