IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 14490 of 2011(I) -------------------------- PETITIONER(S): --------------- VIJULINE MATHEW, PUTHIYAKULANKARA HOUSE, EDAVATTY.P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.ASOK M.CHERIAN SRI.K.SASIKUMAR SRI.T.R.RENJITH RESPONDENT(S): --------------- 1. THE DIVISIONAL FOREST OFFICER, MANNARKAD, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM. SPL. GP SRI.P.M.PAULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).14490/2011 .............................................. Dated this the 30th day of May, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). To declare that the petitioner's landed property is not a Reserve Forest or an Ecologically Fragile Land notified as per Section 3(1) of the Kerala Forest Act, 1961 in Mannarkkad Taluk in Palakkad District which is evident from Ext.P2 and P5. (ii). To issue a writ in the nature of mandamus directing 1st respondent to remove the “jhandas”, mistakenly erected by the authorities, prior to the purchase of the property by the petitioner, or permit the petitioner to remove the same at his cost; 2. Learned counsel for the petitioner submits that the petitioner's grievance would be redressed if a direction is given to the first respondent to consider and finalise Ext.P6 representation within a reasonable time. W.P.(C).14490/11 2 3. The learned Special Government Pleader submits that the physical verification by the Village Officer is necessary to have Ext.P6 finalised. In such circumstances, the writ petition is disposed of directing the first respondent to consider Ext.P6 in accordance with law, in the light of the report to be obtained after conducting physical verification by the Village Officer if necessary. Proceedings shall be finalised as above, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with the copy of the writ petition before the first respondent for taking further steps. P.R.RAMACHANDRA MENON, Judge mrcs