IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27726 of 2010(M) -------------------------- PETITIONER(S): --------------------- PERIYA PEAK ESTATE PRIVATE LIMITED, REPRESENTED BY ITS JOINT MANAGING DIRECTOR, GEORGE SEBASTIAN, PERIYA POST, NORTH WAYANAD. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): ----------------------- 1. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAWADI, WAYANAD DISTRICT. 2. THE RANGE OFFICER, FOREST RANGE OFFICE, PERIYA P.O., NORTH WAYANAD. 3. CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. SPL.GOVT.PLEADER SRI.POULOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27726 OF 2010 (M) ===================== Dated this the 7th day of September, 2010 J U D G M E N T According to the petitioner, from Ext.P4 issued by the Divisional Forest Officer, he came to know that 4.31 hectares of land in his possession is vested in the Government as ecologically fragile land by virtue of Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2005. It is stated that, on being so informed, he submitted Ext.P5 application under Rule 17 before the 3rd respondent praying for de notifying the area. It is stated that the said application is pending consideration of the 3rd respondent. Petitioner submits that, in the meanwhile, respondents are attempting to remove the cairns. It is with this grievance, the writ petition is filed. 2. If as stated by the petitioner, Ext.P5 application filed by him under Rule 17 is pending consideration of the 3rd respondent, till its disposal, it is essential that the status quo as on date should be maintained. At the same time, petitioner also shall not cut or remove any timber or other materials from the land in question or change the nature of the land. WPC No. 27726/10 :2 : 3. In that view of the matter, I dispose of this writ petition with the following directions; (1) That the 3rd respondent, before whom Ext.P5 is pending, shall consider and pass orders thereon with notice to the petitioner at any rate within 3 months of receipt of a copy of this judgment. (2) In the meanwhile, respondents shall not destroy or remove the cairns or Jundas or other boundary marks in the land in question. (3) Petitioner is also directed not to cut or remove any timber or alter the nature of the land in any manner. (4) Petitioner shall produce a copy of this judgment before respondents 1 and 3 for compliance. ANTONY DOMINIC, JUDGE Rp