IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 31110 of 2008(C) -------------------------- PETITIONER: -------------- V. UMMERKOYA, AGED 70 YEARS, S/O. VEERANKUTTY HAJI, SUBAIDA MANZIL, P.O. MYSOOR MALA, MUKKAM, KOZHIKODE. BY ADV. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF THE KERALA (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS ACT) 2003, KERALA FOREST DEPARTMENT, VAZHUTHACAD, THIRUVANANTHAPURAM. 3. THE DIVSIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR. BY SPL.GOVT. PLEADER, SRI. RANJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31110 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT Petitioner claims to be in possession and enjoyment of 5.46 acres of land in RS No.2 of the Vettilappara Village in Malappuram District. According to the petitioner, the said property forms part of a larger extent of 80 acres obtained by one Kunjali Haji and Veerankutty Haji, on lease, from the Thrikkalayoor Devaswom. It is asserted that the property was cultivated with cardamom. There was a partition in the family of Kunjali haji and as per Ext.P4, 5.46 acres were set apart to the share of the petitioner. He asserts that it is also a cardamom plantation. 2. Reference is made to proceedings before the Taluk Land Board, initiated against Veerankutty Haji as a declarant and Ext.P5 order, which according to the petitioner, found that 50 acres out of the original 80 acres, demised in favour of Kunjali Haji and Veerankutty Haji, was a cardamom plantation. According to the petitioner, 5.46 acres of land in his possession and allotted as his share under Ext.P4, is part of the said land. 3. The immediate grievance of the petitioner emanates from W.P.C.No. 31110 OF 2008 -:2:- Ext.P9, a notice issued by the 3rd respondent under Section 3(2) of the Kerala Forest (Vesting & Management of Ecologically Fragile Land) Act, 2001. The issue of notice is under the premise that the land is vested with the Government under the Kerala Forest (Vesting & Management of Ecologically Fragile Land) Act. 4. Petitioner submitted Ext.P10, a detailed representation, in reply to Ext.P9 under Section 19(3) of the above mentioned Act before the custodian of the Kerala Forest (Vesting & Management of Ecologically Fragile Land) Act, the 2nd respondent. He prays for a direction to the custodian to take a decision on the same. 5. I have heard Sri.K.P.Balasubramanian, learned counsel for the petitioner and Sri.Ranjith Thampan, learned Special Government Pleader. 6. Having gone through the averments in the writ petition and having heard learned counsel, I am of the view that Ext.P10 merits consideration by the 2nd respondent. 7. In the result, the Writ Petition is disposed of directing the 2nd respondent to consider Ext.P10 and take a decision thereon within six months from the date of receipt of a copy of this judgment. W.P.C.No. 31110 OF 2008 -:3:- Petitioner shall be heard before a decision is taken by the 2nd respondent. Status quo as regards the property mentioned in Ext.P9 shall be maintained till the 2nd respondent takes a decision as aforementioned. 8. I make it clear that I have not considered the other contentions raised by the petitioner including the one challenging the vires of the provisions of the Act in this Writ Petition and the same are left open. (V. GIRI, JUDGE) ttb W.P.C.No. 31110 OF 2008 -:4:-