IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 22669 of 2008(W) -------------------------------------- PETITIONER: -------------------- ABDUL HAI, S/O.ABDUL HAMEED SAHIB, NAVAKKODE KALAM, CHITHALI (P.O) KOYALMANNAM, PALAKKAD DISTRICT. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ----------------------- 1. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE CUSTODIAN/CONSERVATOR OF FORESTS, OLAVAKKOD, PALAKKAD DISTRICT. BY SRI. RANJITH THAMPAN, SPECIAL GOVERNMENT PLEADER (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.22669 of 2008 ================== Dated this the 29th day of August, 2008. J U D G M E N T 1.2 Acres of land comprised in Sy.No. 695/2 of Koyalmannam-1 Village belonging to the petitioner was excluded form the purview of the Kerala Private Forests (Vesting and Assignment) Act, 1971. Although, it was originally notified as an ecologically fragile land subsequently the same was denotified and ordered to be restored as per Ext.P2 order of the Custodian of Ecologically Fragile Lands pursuant which the property was restored to the petitioner. The petitioner's complaint is that half of the property so restored, does not belong to the petitioner. In the above circumstances, the petitioner has filed Ext.P7 representation before the 2nd respondent. The petitioner seeks expeditious disposal of the same. The learned Special Government Pleader (Forest) however, points out that the petitioner himself has issued Ext.P3 receipt for the property and therefore he cannot now contend that the property received by him is not his. The petitioner would contend that when the petitioner approached the authorities under the Transfer of Registry Rules, they W.P(C)No.22669 of 2008 - 2 - raised objection when only they became aware of the mistake. What ever that be, I feel that it is only proper that the 2nd respondent considers and passes orders on Ext.P7 expeditiously. 2. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P7, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S.SIRI JAGAN, JUDGE rhs