IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21435 of 2009(Y) -------------------------- PETITIONER(S): --------------- HAJI KHALEELU RAHIMAN, SON OF M.ABDUL HAMEED SAHIB NAVAKODU, CHITHALI COYALMANNAM, PALAKKAD-678702. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE SRI.K.MOHANAKANNAN RESPONDENT(S): --------------- 1. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, 'ARANYA BHAVAN' VAZHUTHACAUD, TRIVANDRUM. 2. THE CUSTODIAN OF VESTED FORESTS, OLAVAKODE, PALAKKAD DIST. 3. THE DIVISIONAL FOREST OFFICER, NEMMARA, PALAKKAD DIST. BY GP SRI.P.M.PAULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).21435/2009 ....................... Dated this the 6th day of August, 2009 JUDGMENT Petitioner claims to be in possession and enjoyment of 4.82 Acres of land comprised in Survey Nos.77/4. 78/1, 78/4 and 77/2A of Erimayoor Village, Palakkad. According to him, the competent Tribunal under the Kerala Private Forest (Vesting and Assignment) Act, 1971, allowed the original application filed declaring the said land does not come under the Act. It was thereafter, that the property was sold under Ext.P2 document and then purchased by the petitioner under Ext.P3. While so, the petitioner came to know that as per Ext.P4, the property was declared as ecologically fragile land under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003. Petitioner filed an application, Ext.P5, before the 1st respondent for a de-notification of the said land. This writ petition has been filed seeking appropriate directions for an expeditious disposal of Ext.P5. 2. I heard learned senior Government Pleader representing the respondents also. W.P.(C).21435/09 2 3. 1st respondent shall consider Ext.P5 and take a decision thereon in accordance with law, within three months from the date of receipt of a copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the claim raised by the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs