IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 13164 of 2008(P) -------------------------- PETITIONER: --------------- 1. GEETHA BALAJI,W/O.BALAJI, RESIDING AT 35,"SAI NIVAS", 5TH MAIN, 1ST CROSS CKHANDRAMMA LAY OUT,DOODDABANSWADI, BANGALORE-560 043. 2. NITHIN BALAJI, S/O.BALAJI,RESIDING AT 35 "SAI NIVAS", 5TH MAIN, 1ST CROSS CHKANDRAMMA LAY OUT, DOODDABANSWADI, BANGLORE-560 043.(BOTH THE PETITIONERS REP:BY P/A.HOLDER, MR.K.ALI AKBAR, S/O.K.V.MOHAMMED KOYA, KHADEEJA MAHEL, 14/968. FRANCIS ROAD, KOZHIKODE. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: -------------------- 1. STATE OF KEARLA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS & WILD LIFE, GOVERNMENT SECRETARIATE, TRIVANDRUM. 2. THE CUSTODIAN OF VESTED FORESTS & CONSERVATOR OF FORESTS, (CUSTODIAN UNDER THE KERALA PRIVATE FOREST (VESTING & ASSIGNMENT) ACT, 1971),ARANYA BHAVAN, OLAVAKKODE (P.O), PALAKKAD DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, KANNUR DIVISION, KANNUR -12. 4. THE VILLAGE OFFICER, PAYYAVOOR VILLAGE, KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. -------------------------------------- W.P.(C)No.13164 OF 2008 ---------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT The petitioners challenge Ext.P4 notification under the Kerala Private Forest (Vesting and Assignment) Act, 1971, notifying that the petitioners' property mentioned in the said notification stands vested with the Government under the said Act. The Kerala Private Forest (Vesting and Assignment) Act, 1971 prescribes a remedy to the petitioners against such notification by filing an O.A. before the concerned Forest Tribunal. Therefore, I am not inclined to entertain this writ petition. Accordingly, without prejudice to the right of the petitioners to challenge the impugned notification in an Original Application before the Forest Tribunal, this writ petition is closed. But since the notification was issued in 2001, I make it clear that I have not considered the entertainability of the same at this point of time on merits and it is for the Tribunal to decide the same, if the petitioner chooses to challenge the notification. S. SIRI JAGAN, JUDGE Acd