IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 956 of 2009(L) ------------------------ PETITIONER(S): --------------- JAMES JOSEPH, 56 YEARS, S/O. P.C JOSEPH (LATE) PARAPARAKATH HOUSE, KUNHIKULAM P.O., MANNARGHAT, PALAKKAD DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF CONSERVATOR OF FOREST AND CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) THIRUVANANTHAPURAM 2. THE CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD DISTRICT. 3. THE DIVIOSNAL FOREST OFFICER, MANNARGHAT, PALAKKAD. 4. FOREST RANGE, OFFICER, MANNARGHAT RANGE, PALAKKAD DIST. BY GOVT. PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.956 OF 2009 ------------------------ Dated this the 9th day of January, 2009. JUDGMENT Petitioner submits that he owns of 2.5 acres of land in survey No.2288 of Palakkayam Village in Mannarghat Taluk Taluk. According to the petitioner on the basis of Ext.P3 notification issued under the Kerala Forest(Vesting and Management of Ecologically Fragile Land) Ordinance 2000. Subsequently, an erratum notification has been issued as per Exts.P10 and P10(a) and based on these notifications the land was treated as vested. There upon the petitioner filed Ext.P8, an application before the Principal Chief Conservator in terms of Section 19(3) (b) of the Act. Petitioner submits that based on Ext.P8 a Committee inspected the land and Ext.P11 report also has been submitted. It is stated that despite having drawn up Ext.P11 report on Ext.P8, so far the the matter has not been WP(c).No.956/09 /2/ decided in terms of the aforesaid provisions of the Act which replaced the ordinance. Having regard to the fact that, invoking Section 19(3)(b) of the Act, the petitioner filed Ext.P8, I direct the Chief Forest Conservator before whom Ext.P8 has been filed to forward the same to the first respondent for his decision. It is directed that on production of a copy of the judgment the matter shall be forwarded to the first respondent as expeditiously as possible and at any rate within 3 weeks from the date of production of a copy of the judgment. On receipt there of, the first respondent shall take a decision on Ext.P8 as expeditiously as possible and at any rate within 6 months thereafter. Needless to say that before final orders are passed, petitioner shall be be given an opportunity of hearing. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.956/09 /2/