IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 15TH JULY, 2008 / 24TH ASHADHA, 1930 WP(C).No. 29107 of 2003(M) PETITIONER: ---------------- MR. N.O. JOSE, NEDIYUZHATHIL, ELAMKULAM, KOCHI-682 017. BY ADV. SRI.PREMJIT NAGENDRAN RESPONDENTS: ------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE VILLAGE OFFICER, PUTHUSSERRY (EAST), PALAKKAD. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE (E) DEPARTMENT, THIRUVANANTHAPURAM. 4. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KERALA AND CUSTODIAN UNDER THE KERALA FOREST (VESTING & MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) ORDINANCE 8/2000,THIRUVANANTHAPURAM BY GOVT. PLEADER SMT.SMITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) No.29107 OF 2003) PETITIONER'S EXHIBITS: Ext.P1: Copy of sale deed No.6307 of the Sub Registry, Palakkad. Ext.P2: Copy of the judgment in O.P.No.1091 of 1982. Ext.P3: Copy of the judgment in C.A.No.3695 of 1989 of the Supreme Court of Inida. Ext.P4: Copy of the Possession Certificate issued by the Tahsildar, Palakkad dtd.22.7.1997. Ext.P5: Copy of the certified sketch issued by the Village Officer, Puthussery East Village. Ext.P6: Copy of the receipt evidencing payment of tax for the year 1997- 98. Ext.P7: Copy of the representation sent to the District Collector dtd.13.8.2003 by the petitioner. Ext.P8: Notification dtd.26.8.2000 issued by the Government of Kerala. Ext.P8(a) Ordinance 8/2000 dtd.27.7.2000 issued by the Government of Kerala. Ext.P9: Ordinance 16/2001 dtd.13.3.2001 issued by the Government of Kerala. -True Copy- P.A.to Judge. C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.P(C).No. 29107 of 2003 M --------------------------------------------- Dated this the 15th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Similar cases were disposed of by this Court leaving freedom to the petitioner to approach the custodian who had power to make adjudication under Rule 19 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Rules, 2007. Petitioner is free to make an application. If the petitioner makes an application within one month from the date of receipt of a copy of this judgment, there will be a direction to the custodian to consider the same and pass appropriate orders within six months from the date of filing of the application. The writ petition is disposed of with the above direction. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, MBS/ Judge WP(C) NO. :-2-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ WP(C) NO. :-3-: J U D G M E N T DATED:17-6-2008 WP(C) NO. :-4-: