IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 9602 of 2009() ------------------------ PETITIONER(S): --------------- A.P.SREEDHARAN S/O. PAZHANIYANDI, ANAPPARA, NOCHIPULLY AMSOM, PALAKKAD. BY ADV. SRI.T.C.MOHANDAS SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENT(S): --------------- CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) AND CHIEF CONSERVATOR OF FORESTS (BIODIVERSITY), FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. BY ADV. SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9602 OF 2009 ------------------------ Dated this the 3rd day of April, 2009. JUDGMENT Petitioner is aggrieved by Ext.P10, a communication issued by the first respondent returning Ext.P4, an application filed by the Petitioner under Rule 17 of the Kerala Forest(vesting and Management of Ecologically Fragile Lands)Rules. The reason stated in Ext.P10 for returning the application is that despite repeated request the petitioner had not produced the documents on the basis of which he was claiming title over the property. 2. Although, it is the case of the Petitioner that the claim of the title has already been decided by the Forest Tribunal and confirmed by this court, fact remains that, these documents were not produced before the first respondent for its perusal. Even along with Ext.P4 application the documents are not seen enclosed. In view of WP(c).N.9602/09 /2/ this Ext.P10 order returning the application cannot be faulted. Be that as it may, in view of the claim of the petitioner that his land is to be excluded from the purview of the Act, it is directed that within 4 weeks from today, it will be open to the petitioner to resubmit Ext.P4, enclosing the necessary documents, in which event the first respondent shall consider the application on merits and pass orders thereon. Petitioner shall also produce a copy of the judgment before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.9602/09 /2/