IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 16181 of 2003(B) -------------------------------------- PETITIONER: ------------------ MARIYIL KRISHNAN NAIR, PAMALAYAM, P.O.KOYILIAD, VIA. SHORNUR-2 BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE FOREST DEPARTMENT, TRIVANDRUM. 2. THE DIVISIONAL FOREST OFFICER, OTTAPPALAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE CUSTODIAN OF VESTED FOREST AND CONSERVATOR OF FOREST, OLAVAKODE CIRCLE, OLAVAKODE P.O. BY SPL.GOVT.PLEADER SRI.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16181/2003 ORDER ON IA. NO.981/2003 IN OP. NO.16181/2003 DISMISSED 18.01.2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER IN O.A. 87/77 OF THE FOREST TRIBUNAL, PALAKKAD, DT.8.6.79. EXT.P2:- COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, OTTAPPALAM, DT. 22.11.90. EXT.P3:- COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER , DT. 7.7.99. EXT.P4:- COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA, DT. 29.4.2002. /TRUE COPY/ P.S. TO JUDGE tss K. M. JOSEPH, J. ----------------------------------- W.P.(C). NO. 16181 OF 2003 B ----------------------------------- Dated this the 20th February, 2008 JUDGMENT Petitioner has filed this Writ Petition seeking a direction to the second respondent to give back possession of 4.13 acres of land. Petitioner obtained an order from the Tribunal and the Tribunal's finding was confirmed by this Court in MFA. However, a Counter Affidavit is filed, wherein, it is stated that this property is vested in the Ecologically Fragile Land Ordinance, 2000. It is also stated that there is a Notification dated 12.7. 2001 which was published in the Gazette on 11.9.2001 at pages 224 and 225 and, therefore, it is difficult to comply with the order of the Tribunal. 2. I heard the learned counsel appearing for the parties. In view of the Notification issued under the Ordinance, the relief sought for by the petitioner in this Writ Petition cannot be granted. It is for the petitioner to work out the remedies open to WPC 16181/03 B 2 him before the appropriate forums and I leave open the contentions of the petitioner in the Writ Petition. The Writ Petition is disposed of as above. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 16181 OF 2003 B JUDGMENT 20th February, 2008.