IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 11512 of 2009(H) ---------------------------------------- PETITIONER(S): ------------------------ T.VIJAYAN,S/O.E.K.K. ACHAN, AGED 53 YEARS, AMBATTU BUNGLOW, AKATHETHARA, PALAKKAD - 8. BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.K.I.SAGEER. RESPONDENT(S): ---------------------------- 1. STAE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF FOREST AND WILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER,PALAKKAD. 3. THE TAHSILDAR, TALUK OFFICE, PALAKKAD. 4. THE VILLAGE OFFICER, AKATHETHARA VILLAGE, AKATHETHARA P.O. PALAKKAD. 5. THE GEOLOGIST, DEPT.OF MINING & GEOLOGY, PALAKKAD. R1 TO R5 BY SR.GOVERNMENT PLEADER MR.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).11512/2009 -------------------- Dated this the 30th day of June, 2009 JUDGMENT Petitioner, along with his brothers and sisters as legal representative of late Nanikutty Naithear, claims ownership over an extent of 20.09 Acres of land. On a dispute having arisen as to whether the land is Private Forest, Nanikutty Naithear had approached the Tribunal in O.A.964/1974 and the Tribunal had declared that no portion of the property owned by her and scheduled to the application is vested in the Government. This view was affirmed by a Division Bench of this Court, it is contended. Later, on possession of land being handed over to Nanikutty Naithear, possession certificate, Ext.P1, was also issued. Subsequently, there was a partition among the members of the family and the petitioner wanted to start a quarrying unit in the land which was allotted to his share. He commenced operations according to him, after obtaining consent from the Pollution Control Board also. While so, his possession was W.P.(C).11512/09 2 sought to be obstructed by the Forest Officials and he had therefore, approached the Forest Tribunal under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003, in O.A.34/2008. He filed Ext.P11 application for an injunction restraining the Forest Officials from interfering with the possession and enjoyment of the property and an interim order was passed. He submits that the possession certificate enabling him to commence quarrying in the property is not being issued by the respondents and hence the writ petition praying for appropriate reliefs. 2. A statement has been filed by the respondents affirming that the land in question is a vested ecologically fragile land and no quarrying can be done there. 3. Learned counsel for the petitioner, Mr. Babu Joseph Kuruvathazha, submits that Exts.P8 and P9 W.P.(C).11512/09 3 would show that even the Forest Officials had, after inspection of the property, recommended that the land should be re notified as such. Mr.Paulose, learned Special Government Pleader, refutes this submission and points out that the Forest Department has not finally accepted Exts.P7, P8 and P9. Be that as it may, the Tribunal is competent to decide on all questions relating to a land which is alleged to be an ecologically fragile land and the Tribunal obviously would be entitled to take an independent decision in this regard. It is appropriate that final orders are passed on Ext.P11 petition, after considering the petitioner's contention as regards his right to do the quarrying operation in the scheduled property. 4. Accordingly, writ petition is disposed of directing the Tribunal for Ecologically Fragile Lands constituted under Act 21 of 2005, to pass final orders in I.A.25/2008 in O.A.34/2008, after hearing the applicants as also the respondents therein. Such W.P.(C).11512/09 4 order shall be passed within six weeks from the date of receipt of a copy of this judgment. Petitioner will be entitled to take further action on the basis of the order to be passed by the Tribunal. V.GIRI, Judge mrcs