IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 2935 of 2010(N) ------------------------- PETITIONER: --------------- MUNDOLI KOYATTY, S/O.MUNDOLI HYDRU HAJI, THIRUVANNUR, PANNIYANKARA, CALICUT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: --------------- 1. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN GOVERNMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (BIO-DIVERSITY), KERALA VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER (D.F.O) SOUTH WAYANAD DIVISION, WAYANAD. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER: K SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2935 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner is the son of Late Mundoli Hydru Haji. Petitioner's father had purchased an extend of 464.63 acres of land comprised in R.S.No.64/1 Pt of Thariyod Village of Vythiri Taluk of Wayanad District as per Registered Jenmam Assignment Deed No.30 of 1963 from Shri.Shrinivasa Naidu. It is averred in the writ petition that this property was conveyed after obtaining sanction of the District Collector under Section 3(1) of the M.P.P.F.Act. The petitioner's father had filed O.A.No.16 of 1977 (which was later re-numbered as O.A.28 of 1990) before the Forest Tribunal, Kozhikode to declare that the land is not a private forest vested in Government. It is stated that the Forest Tribunal as per order dated 16/10/1990 held that 100 acres is developed area and is not forest and therefore no separate declaration is called for. It is stated in that appeal before this Court the absolute ownership and title of the petitioner's father in respect of the 464.63 acres of property has been upheld. It is stated that the land is full of cardamom and coffee plants. 2. Presently the grievances raised by the petitioner is against the notification issued under Section 3(2) of the Kerala W.P.(C)No.2935 of 2010 2 Forest (Vesting and Management of Ecologically Fragile Lands) Act 2005 by the D.F.O., South Wayanad Division in respect of 40 Hectares of the land. The petitioner along with other co-owners have approached the Custodian of Ecologically Fragile Lands namely the first respondent by filing statutory representation as per Ext.P1. It is prayed that the first respondent may be directed to take a decision on this matter within a time frame. 3. Heard the learned Government Pleader for respondents. There will be a direction to the first respondent to take a decision on Ext.P1 after hearing the petitioners within a period of three months from the date of receipt of a copy of this judgment and in accordance with law. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj