IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 24636 of 2008(G) -------------------------------------- PETITIONER : ------------------------ B.ARAVINDHAKSHAN, 59 YEARS, S/O.BALAN, KANGATHU HOUSE, PUTHIYAKAM AMSOM, ALATHUR TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER AND BROTHER RAVINDRAN, AGED 52, S/O.BALAN, KANGATHU HOUSE, PUTHIYAKAM AMSOM, ALATHUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVT., FOREST DEPARTMENT, GOVT., SECRETARIAT, THIRUVANANTHAPURAM. 2. DIVISIONAL FOREEST OFFICER, SPECIAL DIVI SION, PALAKKAD-11, 3. DIVISIONAL FOREST OFFICER, PALAKKAD. BY SRI. P.M. PAULOSE, SPL. GOVERNMENT PLEADER(FOREST) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 24636 of 2008 ................................................. Dated this the 14th day of August, 2009 J U D G M E N T The petitioner obtained Ext.P1 orders from the Forest Tribunal, Palakkad in O.A.No. 123 of 1976 to the effect that the land involved in that O.A. is exempted from the provisions of the Kerala Private Forest (Vesting and Assignment) Act, 1971, in view of Section 3(2) thereof. That order was passed on 9.10.1979. The petitioner's grievance in this writ petition is that even after 30 years, respondents have not restored the land covered by Ext.P1 order to the petitioner. The petitioner therefore seeks the following relief: “(i) Issue an appropriate writ, order or direction commanding the respondents 2 and 3 to consider Ext.P1 and on the basis of Ext.P2 to carry out all necessary consequential changes and carry out such statutory procedures, to confer the properties to the petitioner on the basis of Ext.P1 within such time as may be fixed by this court.” A statement has been filed on behalf of 3rd respondent. The contention taken by the respondents is that although the land has been exempted from the purview of the Kerala Private Forest (Vesting and Assignment) Act, 1971, in view of the provisions of the W.P(C) No. 24636 of 2008 -2- Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, the land in question has become vested in the Government. In such circumstances, the respondents are not bound to restore the land to the petitioner despite Ext.P1 orders of the Forest Tribunal is the contention taken in the statement. The counsel for the petitioner would contend that that contention would not stand in view of the fact that no notification declaring the land in question as an ecologically fragile has been issued by the Government yet. But the learned Government Pleader points out that in view of Annexure R3(b) judgment of this court, it is not necessary that a separate notification be issued declaring a land as an ecologically fragile land and in that judgment it has been held that the vesting is automatic by operation of Section 3(1) of the Act. What ever be the merits of the rial contentions, I am of opinion that all these questions are to be taken up and agitated by the petitioner before the tribunal established under Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act. Therefore, without prejudice to that right this writ petition is closed. S. SIRI JAGAN, JUDGE rhs