IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 31883 of 2008(U) ----------------------------------------- PETITIONER(S): ------------------------- 1. PARAMESWARAN NAMBOOTHIRIPAD, AGED 68 YEARS, S/O.S.K.S.NAMBOOTHIRIPAD, KOZHISSERY MANA, SHORNUR VILLAGE, OTTAPALAM TALUK. 2. SUBRAMANIAN NAMBOOTHIRIPAD, AGED 66 YEARS, S/O.S.K.S.NAMBOOTHIRIPAD, KOZHISSERY MANA, SHORNUR VILLAGE, OTTAPALAM TALUK. 3. NARAYANAN NAMBOOTHIRIPAD, AGED 64 YEARS, S/O.S.K.S.NAMBOOTHIRIPAD, KOZHISSERY MANA, SHORNUR VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM. 3. DIVISIONAL FOREST OFFICER, SPECIAL DIVISION, PALAKKAD. 4. FOREST RANGE OFFICER, OTTAPALAM RANGE, PALAKKAD. BY SPL. GOVERNMENT PLEADER SRI. RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).31883/2008 -------------------- Dated this the 5th day of November, 2008 JUDGMENT Petitioners claim to be the owners of 55 acres of property in Survey No.38/2 of Shornur Village in Palakkad District. The said land, though originally proposed to be treated as vested forest lands, is stated to have been later handed over to the petitioners on a declaration made in that behalf by the competent Forest Tribunal. Petitioners are now aggrieved by the proposal on the part of the respondents to treat the same as ecologically fragile land. Petitioners have filed Ext.P1 objection before the second respondent, who is competent to take a decision on such objections and decide whether the land is liable to be treated as ecologically fragile. Having heard learned Special Government Pleader also, writ petition is disposed of directing the second respondent to consider and take a decision on Ext.P1 within a period of six months from the date of W.P.(C).31883/2008 2 receipt of a copy of this judgment. Status quo shall prevail till a decision is taken as aforementioned. V.GIRI, Judge mrcs