IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32362 of 2008(C) -------------------------- PETITIONER: ------------- M/S.EVERGREEN DEVELOPERS, A.G.ROAD KOZHIKODE REP. BY ITS MANAGING PARTNER,M.PRAVEEN. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ---------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPT.OF FOREST AND WILD LIFE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE ANDS & CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, KOZHIKODE. 4. THE FOREST RANGE OFFICER, THAMARASSERY FOREST RANGE OFFICE, THAMARASSERY. R1 BY GOVERNMENT PLEADER, SMT. SUDHA DEVI. R2 TO R4 BY SPL. GOVT. PLEADER, SRI.RANJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32362 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT Petitioner claims ownership of 32.75 acres of land comprised in Nellickapoyil Village in Kozhikode District. There is a dispute as to whether the land is ecologically fragile land within the meaning of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003. According to the petitioner, his property cannot be treated as ecologically fragile. But a decision is to be taken by the Conservator. Petitioner submits that if there is a dispute as to whether the land is ecologically fragile, he has a remedy by way of an application before the Tribunal constituted under Section 10 of the said Act. A similar issue has been considered by this Court in Ext.P11 judgment. In the result, writ petition is disposed of holding that it is open to the petitioner to approach the Tribunal under Section 10 of the Act with an application filed in that behalf as contemplated by the said Act and the Rules framed there under, which shall be entertained by the Tribunal. (V. GIRI, JUDGE) ttb W.P.C.No. 32362 OF 2008 -:2:-