IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 WP(C).No. 24508 of 2007(P) -------------------------- PETITIONER: ------------ WYNAD CARDAMOM PVT. LTD., RAJAJI ROAD, KOCHI-682 035, REP. BY M.JAYAN, AGED 58 YEARS, S/O. K.P.MADHAVAN NAIR, 12 C, LINK HEIGHTS, PANAMPILLY NAGAR, KOCHI-682 036, MANAGING DIRECTOR. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: ------------- DIVISIONAL FOREST OFFICER, SOUTH WYNAD, WYNAD. BY SPL. GOVERNMENT PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2007 ALONG WITH WPC NO. 29352 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ------------------------- W.P ( C) Nos. 29352 of 2005 & 24508 of 2007 -------------------------- Dated this the 19th day of September, 2007 J U D G M E N T The Writ Petition No.29352/2005 was filed for directing the respondent to communicate the present status of the property of the petitioner. In that case an affidavit was filed by the respondents to the effect that out of the notified area only 100 Acres was demarcated as Ecologically Fragile Land and that the respondent was in the process of issuing a erratum notification in respect of the remaining land. 2. Subsequently, petitioner filed this writ petition praying for directing the respondent to issue a erratum notification in respect of the balance property and to issue No Objection Certificate for selling the same. 3. In this writ petition, a statement has been filed by the respondent to the effect that the entire 100 h.a. already notified is actually an ecologically fragile land and that the balance area also has to be surveyed and demarcated. In view of this only order possible is to direct the petitioner to pursue his remedies under Section 19 (3) (b) of the Kerala Forest (Vesting & Management of Ecologically Fragile Lands) Act or before the Tribunal under Section 9 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. With that liberty to the petitioner, these writ petitions are closed. Needless to state that area in excess of 100 hectares, which is stated to be not covered under the Ecologically Fragile Land will be restored to the petitioner and the petitioner will be free to enjoy the same. (ANTONY DOMINIC, JUDGE) ma ANTONY DOMINIC,J R.P. NO.382 OF 2000 JUDGMENT 19th SEPTEMBER, 2007