IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2631 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.26973/2009 Dated 29/10/2009 .................... APPELLANT/PETITIONER ------------------------------------ N.RAJAGOPAL, S/O.P.NARAYANAN NAIR AGED 50 YEARS, BABU VIHAR, KOWDIAR, THIRUVANANTHAPURAM BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.N.SHAMSUL HUDA RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REP BY ITS SECRETARY TO GOVERNMENT, DEPT. OF FOREST & WILD LIFE GOVT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMN.) FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, KOZHIKODE. 4. THE FOREST RANGE OFFICER KUTTYADI, PERAMBRA VIA, KOZHIKODE DISTRICT. BY ADDL.ADVOCATE GENERAL SRI.RANJITH THAMPAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2631 of 2009 ------------------------------------------ Dated this the 20th day of November, 2009 JUDGMENT A.K.Basheer, J. This writ appeal is directed against the judgment passed by the learned Single Judge in W.P.(C) No.26973 of 2009. 2. We have heard learned counsel for the appellant and the learned Additional Advocate General. 3. We have perused the impugned judgment by which the learned Single Judge has relegated the appellant to avail of the remedy available to him under Section 10 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, since there appears to have arisen a dispute with regard to the question whether the land involved in this case is ecologically fragile or not. Anyhow, we do not propose to deal with the merit of any of the contentions raised by the appellant, at this stage. 4. Learned counsel for the appellant submits that the respondents may in the meanwhile try to evict him forcibly from the land without complying with the statutory mandates in the Act and the Rules. The apprehension of the appellant is that by the time he moves the W.A.No.2631 of 2009. - 2 - Tribunal and seeks for interim relief, the issue may become fait accompli. 5. Learned Additional Advocate General very fairly submits that no hasty steps in violation of the provisions contained in the Act and Rules will be initiated by the department against the appellant. 6. Having heard learned counsel for the parties, we are of the view that this writ appeal need not be entertained, at this stage. We make it clear that it will be open to the appellant to raise all his contentions before the Tribunal. In the meanwhile, status quo as on today shall be maintained by both sides for a period of four weeks from today. We make it further clear that the appellant or the respondent shall not take advantage of this order and do anything to change the nature or character of the property in the meanwhile. Writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns