IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 OP.No. 33281 of 2001(K) ----------------------- PETITIONER(S): --------------- THE KALPETTA ESTATES LIMITED BEACH ROAD, ALAPPUZHA – 1 REPRESENTED BY ITS VICE PRESIDENT – ADMINISTRATION MR.W.D. NELSON. BY ADV. M./S. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. CONSERVATOR AND CUSTODIAN OF VESTED FORESTS, OLAVAKKAD CIRCLE, OLAVKKOD, PALAKKAD DISTRICT. 3. DIVISIONAL FOREST OFFICER, KALPETTA, SOUTH WAYANAD. BY GOVERNMENT PLEADER SRI.R.LAKSHMI NARAYAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.No.33281 of 2001 EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 16.11.2000 MADE BY THE PETITIONER TO THE HON'BLE MINISTER FOR FORESTS. EXT.P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA, FOREST DEPARTMENT DATED 4.5.2001. EXT.P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FOREST TRIBUNAL, KOZHIKODE (O.A.NO.47 OF 2001) RESPONDENT'S EXTS: EXT.R3(C) TRUE COPY OF ORDER DT. 28.2.2005 IN O.A.NO.47/2001 OF THE FOREST TRIBUNAL, KOZHIKODE. //TRUE COPY// P.A. To Judge. P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- O.P. No.33281 of 2001 ------------------------------- Dated this the 16th November, 2009 J U D G M E N T Raman, J. Petitioner, who is the appellant in the connected case, M.F.A.No.137 of 2005, has filed this writ petition, inter alia seeking for the relief to quash Ext.P2, so far as it includes the land mentioned in Ext.P3 and belongs to the petitioner. 2. The question as to whether the lands included in the notification is a forest vested with the Kerala Private Forests (Vesting and Assignment) Act, is a question of fact. If the contention of the petitioner is to be accepted, we should enter a finding that they are not forest lands. Such question has to be raised by the petitioner before the Forest Tribunal, and not in a Writ Petition. Therefore, merely based on the plea raised in the writ petition, the notification cannot be quashed as it involves adjudication of rights of parties based on evidence to be taken. OP.No.33281 of 2001 2 challenged. Since the petitioner has already approached the Tribunal under the Act for such declaration, we do not find that the writ petition survives further consideration. Accordingly, the writ petition is dismissed. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj. P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- O.P.No.33281 of 2001 J U D G M E N T Dated: 16th November, 2009. -------------------------------