IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 30300 of 2008(F) -------------------------------------- PETITIONER(S): -------------------- JOSE S/O.ABRAHAM, AGED 65, MALLAPPALLIL HOUSE, KALIKAVU VILLAGE, ADAKAKUNDU P.O., NILAMBOOR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.J.JOSEPH PANIKKASSERY SRI.TOM THOMAS RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL CHIEF CONSEVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHAKKAD, TRIVANDRUM. 3. DIVISIONAL FOREST OFFICER, SOUTH DIVISION, NILAMBOOR, MALAPPURAM DISTRICT. 4. THE FOREST RANGE OFFICER, VANDOOR, MALAPPURAM DISTRICT. 5. VILLAGE OFFICER, KARUVARAKUNDU, MALAPPURAM DISTRICT. ADV. GOVT.PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30300/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF TAX RECEIPT DT 10.8.07. EXT.P2: PHOTOCOPY OF CERTIFICATE DT 7.6.04. EXT.P3: PHOTOCOPY OF GAZETTE NOTIFICATION DT 2.1.2001. EXT.P4: PHOTOCOPY OF THE APPLICATION DT 14.3.2008. EXT.P5: PHOTOCOPY OF ORDER DT 11.4.2008. EXT.P6: PHOTOCOPY OF SURVEY PLAN DT NIL. EXT.P7: PHOTOCOPY OF THE REPLY DT 29.7.08. EXTS. OF R3 ANNEXURE R3(b): TRUE COPY OF LETTER NO.SVNP/219/07 DT 31.3.2008 ISSUED BY THE ASSISTANT WILDLIFE WARDEN, SILENT VALLEY NATIONAL PARK, MUKKALI TO THE TAHSILDAR, NILAMBUR TALUK. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 30300 OF 2008 (F) ==================== Dated this the 4th day of February, 2009 J U D G M E N T Petitioner seeks to get Ext.P5 quashed and an order restraining the respondents from interfering with his peaceful possession and enjoyment of his property in Sy.No.158/176 of Karuvarakundu Village, Nilampoor Taluk. 2. The respondent had filed a statement producing Annexure R3(a) notification dated 20th of October 2000 issued in terms of Ordinance 8/2000. This notification includes at Sl.No.134, an extent of 1.4160 hectares of land, which according to the respondents, is the land claimed by the petitioner and situated in Karuvarakundu. 3. According to the learned Government Pleader, the property covered by the notification is the one which is claimed by the petitioner. In the light of the disputes now raised, in my view, the remedy available to the petitioner is to pursue the statutory remedy by approaching the Tribunal constituted under the Act. 4. In view of the above, the writ petition is disposed of leaving open the contentions and with liberty to the petitioner to approach the Tribunal. ANTONY DOMINIC, JUDGE Rp