IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 26424 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. MRS.M.NIRMALA, D/O.A.P.RAMANKUTTY NAIR, AMBALAPPARA,KADAMBUR P.O.,OTTAPPALAM, PALAKKAD DISTRICT. 2. MRS.JYOTHI SIVASANKARAN, D/O.A.P.RAMANKUTTY NAIR, JYOTHIS, SREEKIRSHNAPURAM, PALAKKAD 3. MRS.GEETHA BHASKAR, D/O.A.P.RAMANKUTTY NAIR, PRASANTHI NILAYAM, NEAR HIGHER SECONDARY SCHOOL, SREEKRISHNAPURAM P.O.,PALAKKAD. BY ADVS. SRI.V.V.SURENDRAN, SRI.P.M.PADMANABHAN, SRI.P.A.HARISH, SMT.RESMI NANDANAN, SMT.SANIKA.V.S. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,THIRUVANANTHAPURAM. 2. CUSTODIAN (ECOLOGICALLY FRAGILE LANDS)& CHIEF CONSERVATOR OF FOREST,BIO DIVERSITY CELL, THIRUVANANTHAPURAM 3. CONSERVATOR OF FOREST & CUSTODIAN OF VESTED FOREST, OLAVAKKODE 4. THE DIVISIONAL FOREST OFFICER, PALAKKAD. BY SPL.GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.SIRI JAGAN, J. --------------------------------------------- W.P.(C).No. 26424 of 2010 --------------------------------------------- Dated this the 19th day of August, 2010 J U D G M E N T Petitioners are legal heirs of late Ramankutty Nair whose properties were notified as vested in the Government under the Kerala Private Forest (Vesting and Assignment) Act. He filed O.A No.136/75 before the Forest Tribunal, Palakkad and the same was allowed by the Forest Tribunal holding that the property is not vested. The said order was continued by this Court in M.F.A.No.45/78. The petitioners' grievance in this writ petition is that the property has been not been restored to the petitioners yet in accordance with the judgment. According to the petitioners, it is not notified under the Kerala Forest Vesting and Management Ecologically Fragile Land Act also. But respondents are interfering with the peaceful enjoyment of the land of the petitioners is their contention in this writ petition. W.P.(C).No. 26424 of 2010 2 The learned Government Pleader on instructions points out that by Exhibit P8 gazette notification the land has been declared as an ecologically fragile land and therefore the property cannot now be restored to the petitioners. That being so the petitioners' remedy lies in approaching the Tribunal as provided in the said Act. Accordingly, without prejudice to that right of the petitioners, this writ petition is dismissed. S.SIRI JAGAN, JUDGE. rkc