IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 21680 of 2008(E) -------------------------- PETITIONER: --------------- NANIKUTTY AMMA, D/O.MEENAKSHMY AMMA VADAKKEPUTHUR KALAM HOUSE KATTUKULAM, OTTAPPALAM TALUK, PALAKKAD BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, FOREST & WILD LIFE (E) DEPARTMENT, TVM. 2. THE CUSTODIAN OF VESTED FORESTS OFFICE OF THE CONSERVATOR OF FORESTS OLAVAKODE, PALAKKAD-2 3. THE CHIEF CONSERVATOR OF FORESTS CUSTODIAN (ECOLOGICALLY FRAGILE LANDS), FOREST HEADQUARTERS, VAZHUTHACAUD THIRUVANANTHAPURAM SPL. GOVERNMENT PLEADER SRI.RANJITH THAMBAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21680/2008 -------------------- Dated this the 30th day of September, 2008 JUDGMENT Petitioner seeks a direction to the respondents to restore the property scheduled to Ext.P1 order under the Kerala Forest Act. Respondents resist the same on the ground that it is liable to be treated as ecologically fragile land in terms of the provisions of the Kerala Forest (Vesting & Management of Ecologically Fragile Land) Act, 2003. Petitioner disputes this on the ground that the land is not liable to be treated so. Paragraph 2 of the affidavit filed on behalf of the first respondent as directed by this Court, reads as follows:- It is submitted that the proposal for notification of 3.07 acres of land in Sy.No.23/3, 4 of Sreekrishnapuram Village-I involved in the above case is in the active consideration of the Custodian of Ecologically Fragile Lands for vesting of the same under Section 3(1) of Kerala W.P.(C).21680/2008 2 Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. In this regard, some more additional in formations and remarks of the Chief Conservator of Forests (Northern Region) and a certificate from the Divisional Forest Officer, Palakkad is pending. On receipt of the same, the land shall be notified as Ecologically Fragile Lands. As of now the Government considers the above said land as an Ecologically Fragile Lands. 2. In my view, the only direction which is required at this stage is one to the Government to expedite the process which is undertaken as mentioned in paragraph 2 of the affidavit. If on completion of the process, the competent authority comes to the conclusion that the land need not be treated as ecologically fragile, then same shall be forthwith restored to the petitioner. But if the competent authority comes to the conclusion that it is to be notified as ecologically fragile land, then it is open to the petitioner to take appropriate steps in relation to any action taken by the third respondent in that regard. W.P.(C).21680/2008 3 3. Accordingly, writ petition is disposed of directing the third respondent to complete the process for determining whether the property having an extent of 3.07 acres of land in Sy.No.23/3, 4 of Sreekrishnapuram Village-I scheduled to Ext.P1 order, is to be notified as an ecologically fragile land in terms of the above mentioned Act, as early as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs