IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20800 of 2008(A) ------------------------------------- PETITIONERS : -------------------- 1. M/S.POPULAR ESTATES, (NOW DISSOLVED) REPRESENTED BY ITS PARTNER, SRI.JOHN PAUL, RAILWAY STATION ROAD, THRISSUR. 2. M/S.POPULAR PLANTATIONS, (NOW DISSOLVED) REPRESENTED BY ITS PARTNER, SRI.JOHN PAUL, RAILWAY STATION ROAD, THRISSUR. BY ADV. SRI.T.R.RAVI RESPONDENTS : ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FORESTS & WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS (CHIEF CONSERVATOR OF FORESTS), THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20800 OF 2008 ==================== Dated this the 10th day of July, 2008. J U D G M E N T The petitioner challenges Ext.P7 order passed by the Chief Conservator of Forests (Administration), Thiruvananthapuram, under Section 19(3) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. 2. I am of opinion that the petitioner has got a right to file an application under Section 10 of the Act, before the Tribunal against Ext.P7 order, although the petitioner would doubt whether such an application would lie. On a reading of Section 10, I am satisfied that the application would lie before the Tribunal against Ext.P7 order also under Section 10. Therefore, without prejudice to the right of the petitioner to file a properly constituted application under Section 10 of the Act, this writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-