IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32341 of 2010(P) -------------------------- PETITIONER(S): --------------- 1. ELAYADATH SUDHEESH BABU, S/O.KELU, AGED 42 YEARS, PALAYAMKANDIYIL, PATTIAM AMSOM, DESOM OF THALASSERY TALUK, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER, K.C.RAGHU, AGED 60 YEARS, S/O.KORAN, K.C.HOUSE, PATTIYAM AMSOM,DESOM,PATHAYAKUNNU PO,THALASSERY(T) 2. ELAYADATH SAJEESH, CHAMBLON HOUSE, PATTYAM KOTTAYODI, P.O.PATHAYAKUNNU, PIN-670 691, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER, KOTTAYI MANOHARAN, KUTTERI POYIL, P.O.MUTHIYANGA, KANNUR DISTRICT. 3. THACHOLI KUMARAN, THACHOLI HOUSE, PATTYAM KOTTAYODI, P.O.PATHAYAKUNNU, PIN-670 691, KANNUR DISTRICT. 4. KOTTAYI MANOHARAN, KOTTAYI HOUSE, KUTTERI POYIL, P.O.MUTHIYANGA, KANNUR DISTRICT. 5. K.C.REKHA, K.C.HOUSE, PATTYAM KOTTAYODI, P.O.PATHAYAKUNNU, PIN-670 691, KANNUR DISTRICT. 6. KOYITTI ARYAN SREEDHARAN, S/O.KUNHAMBU, KOYITTINTAVIDA VEEDU, PATTYAM AMSOM DESOM, P.O.PATHAYAKUNNU, PIN-670 691, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. THE PRINCIPAL CHIEF FOREST CONSERVATOR AND CUSTODIAN OF ECOLOGICALLY FRAGILE LAND, OFFICE OF THE PRINCIPAL CHIEF FOREST CONSERVATOR, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, KANNUR-670001 3. THE VILLAGE OFFICER, KANICHAR VILLAGE, THALASSERY TALUK, KANNUR DISTRICT-670101 GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 32341 of 2010 P ``````````````````````````````````````````````````````` Dated this the 22nd day of October, 2010 J U D G M E N T Petitioners claim to be in possession of less than 2 Hectres of land situated in Survey No.1629 of Kanichar village in Kannur district. This land has been notified as an ecologically fragile land and the application filed by the petitioners for exemption is pending consideration before the first respondent. 2. Petitioners state that an application was made to the third respondent for issuing a possession certificate of the land for producing the same before the first respondent. However, according to them, the said application is not considered on account of the fact that the land is notified as ecologically fragile land. It is with this complaint, the writ petition is filed. 3. If as a matter of fact, the petitioner is in possession of the land, the fact that the notification has been issued, W.P.(C) No.32341/10 : 2 : should not have been taken by the the third respondent in considering the application made by the petitioners for the issue of a possession certificate. 4. In that view of the matter, I direct the third respondent to enquire into the claim of the petitioners that they are in possession of the land mentioned above and pass orders on the application made by the petitioners, if they are found to be in possession of the said land. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks