IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 1366 of 1999(K) -------------------------------- PETITIONER: ------------------- P. ARYA ANTHARJANAM, PURAYANNUR HOUSE, SEN GUPTA ROAD, OTTAPPALAM. BY ADV. SRI.R.RAMADAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CUSTODIAN, REPRESENTED BY THE EX-OFFICIO SPECIAL SECRETARY TO GOVERNMENT, AGRICULTURE (FOREST SPECIAL) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. CUSTODIAN OF VESTED FORESTS, PALGHAT. 4. THE DIVISIONAL FOREST OFFICER, PALAKKAD. BY SPL. GOVERNMENT PLEADER SRI. M.P. PRAKASH. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 2289/1999 IN O.P. NO. 1366/1999-K DISMISSED 22/01/2008. SD/- K.M.JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER IN O.A. 748/74, FOREST TRIBUNAL, PALAKKAD DT. 21/07/77. EXT.P.2: COPY OF THE JUDGMENT IN M.F.A. 4/78 DT. 14/01/81 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE ORDER IN R.P. 88/87 IN MFA 4/78 DT. 27/03/92 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE JUDGMENT IN O.P. 4360/98 DT. 05/03/98 OF THIS HONOURABLE COURT. EXT.P.5: COPY OF THE RECEIPT ISSUED BY THE PETITIONER TO DVL. FOREST OFFICER, PALAKKAD DT. 16/09/98. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY THE DVL. FOREST OFFICER, PALAKKAD TO THE PETITIONER DT. 16/09/98. RESPONDENT'S ANNEXURE: ANNEXURE R4.A: COPY OF THE FULL BENCH DECISION OF THIS HONOURABLE COURT. //TRUE COPY// prv. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 1366 of 1999 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2008 JUDGMENT Petitioner filed O.A in respect of certain extent of land and the Forest Tribunal exempted the land under Section 3(2) of the Private Forest (Vesting and Assignment) Act. The order has become final and the land was restored to the petitioner. Petitioner has approached this court seeking to quash Ext.P6 and to declare that the Government has no authority to notify the land under the Kerala Preservation of Trees Act. 2. I heard learned counsel for the petitioner and the learned Special Government Pleader for Forests Sri.M.P.Prakash. The learned Government Pleader points out that pending the writ petition a notification has been issued under the Ecologically Fragile Ordinance. In the light of the subsequent development, I feel that I need not go into the question raised by the petitioner at this stage and I leave it open. The writ petition is disposed of reserving liberty to the petitioner to work out his remedies against the notification issued under the Ordinance in the appropriate forum. (K.M. JOSEPH, JUDGE) sb K.M. JOSEPH, J. --------------------------------- O.P. No. 1366 of 1999 --------------------------------- JUDGMENT 22.1.2008.