IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19992 of 2008(E) -------------------------- PETITIONER: ------------ 1. P. KUMARAN NAIR, PETTAMANNA HOUSE, EDATHANATTUKARA.P.O, MANNARKKAD, PALAKKAD. 2. P. DAMODARAN NAIR, PETTAMANNA HOUSE, EDATHANATTUKARA POST, MANNARKKAD, PALAKKAD. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS: ------------- 1. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, OFFICE OF THE CHIEF CONSERVATOR OF FOREST, FOREST HEADQUARTERS, VAZHUTHACAUD POST, TRIVANDRUM. 2. THE DIVISIONAL FOREST OFFICER, MANNARKKAD. BY SPL. GOVERNMENT PLEADER (FOREST) SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.19992 OF 2008 ---------------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT The petitioners challenge Ext.P12 order passed by the 1st respondent in exercise of his powers under Section 19(3) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003. The contention raised by the petitioners is that his land is not an ecologically fragile land and it has been accepted so in Ext.P8 inspection report, in spite of which the 1st respondent has passed Ext.P12 order, upholding that the petitioners' property is an ecologically fragile land. He also points out that in Ext.P10 order, the adjacent properties to the petitioners property have been exempted from the purview of the Act. 2. The learned special Government Pleader (Forest) says that cogent reasons have been given in Ext.P12 as to why the petitioners' property cannot be exempted. He also points out that if the petitioners have any dispute as to whether their land is W.P.(c)No.19992/08 2 an ecologically fragile land, they have a right to file an application before the Tribunal under Section 10 of the Act. 3. I have considered the rival contentions. I am of opinion that against Ext.P12, the petitioner can certainly file a dispute before the Tribunal under Section 10 of the Act, in so far as the dispute raised is as to whether the petitioners' property is an ecologically fragile land or not. If such a petition under Section 10 of the Act is filed, the Tribunal is bound to consider the same in accordance with Section 10 of the Act. Therefore, without prejudice to the right of the petitioners to file an application under Section 10, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.19992/08 3