IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 17479 of 2009(O) --------------------------------------- AGAINST THE ORDER DATED 08/04/2009 IN IA 34/2008 IN OA.45/2008 of FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) TRIBUNAL, PALAKKAD .................... PETITIONER(S): --------------------- N.K. SIVARAMAN, S/O.KRISHNANKUTTY, NOKKARA HOUSE, VELLAPARAKUNNU, KAVASSERY P.O., PALAKKAD-678 543. BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN (ECOLOGICALLY FRAGILE LAND) AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (EXTW) STATE OF KERALA, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17479/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN IA NO.34/2008 OF KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LAND) TRIBUNAL, PALAKKAD DATED 08/04/2009. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE NOTIFICATION NO.EFL-6-121/2006 DATED 25/07/2006 PUBLISHED IN KERALA GAZETTE NO.34 DATED 22/08/2006, SI NO.34, VOL.. L1. //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.17479 OF 2009 -------------------------- Dated this the 27th day of July 2009 ------------------------------------- JUDGMENT Petitioner has filed an application as O.A No. 45/2008 before the Kerala Forest (vesting and management of ecologically fragile land) Tribunal, Palakkad contending that 13.27 acres of land under his possession and enjoyment does not come under the Kerala Forest (vesting and management of ecologically fragile land) Act 2003 and he has got exclusive title over that land by virtue of registered deeds executed by the predecessors, against whom proceedings taken earlier by the forest authorities, were decided in their favour. In the above application the petitioner moved an application for interim injunction under Order 39 Rule 1 and 2 CPC seeking a prohibitory order of interim injunction against the forest officials, W.P.(C).No.17479 OF 2009 Page numbers the respondent herein restraining them from trespass upon the above mentioned property and preventing his enjoyment of the property in any manner. An advocate commission was also taken by the petitioner to inspect the property. The advocate commissioner after conducting a local inspection filed a report, which prima facie indicated the property is a rubber plantation with some machineries installed for quarrying operation. After receiving the commission report the Tribunal considered the application for injunction and hearing the counsel on both sides and appreciating the materials produced, passed an order permitting the petitioner to continue with the taking of latex from the rubber trees in the plantation but prohibited him from blasting of rocks and quarry operations in Survey No.428/J5 covered by his holding. Impeaching the correctness and propriety of that order petitioner has filed this writ W.P.(C).No.17479 OF 2009 Page numbers petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. Notice being given, the respondents entered appearance and filed a counter producing some documents also. 4. I heard the counsel on both sides. Having regard to the facts and circumstances presented with reference to the provisions covered by the Kerala Forest (vesting and management of ecologically fragile land) Act 2003, I find the disputes raised by the petitioner over the property covered by this application have to be determined by the Tribunal in accordance with Section 10 of the above Act. That being so, at this stage, the orders passed by that Tribunal, where already a notification had been issued vesting the lands as W.P.(C).No.17479 OF 2009 Page numbers coming under ecologically fragile lands it may not be proper for this court to interfere with or express any opinion in the matter after examining the materials tendered for the purpose of the application for an interim injunction by both sides. Considering the facts and circumstances involved, I direct the Tribunal to dispose of the application filed by the petitioner after providing sufficient opportunity to both sides to lead evidence in support of their respective case as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed as above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv