IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 3114 of 2006(U) ----------------------------------- PETITIONER: ------------------- K.R. DEVAYANI, AGED 52 YEARS, W/O. LATE RAMAKRISHNAN, MANAKKOTHIRIKUNNATH HOUSE, KULAPULLY, SHORNUR II, OTTAPPALAM TALUK, PALAKKAD DITRICT. BY ADV. SRI.N.G.SUNIL SMT.V.A.VIDHYA RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE EX-OFFICIO SPECIAL SECRETARY TO GOVERNMENT, AGRICULTURE (FOREST SPECIAL) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FOREST, PALAKKAD. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3114 of 2006(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE PHOTOCOPY OF THE ORDER IN O.A. NO.1082/74 OF THE FOREST TRIBUNAL, PALGHAT DATED 18.5.1976. EXT.P2 - TRUE PHOTOCOPY OF THE PATTAYAM DATED 5.5.1976. EXT.P3 - TRUE PHOTOCOPY OF THE JUDGMENT IN MFA NO. 106/78 DATED 14.6.1984. EXT.P4 - TRUE PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER DATED 18.8.2003. RESPONDENT'S EXHIBITS: EXT.R2(a) - TRUE COPY OF THE NOTIFICATION NO. C6 -21437/2000 DATED 12.7.2001 OF THE PRINCIPAL CHEIF CONSERVATOR OF FORESTS. EXT.R2(b) - TRUE COPY OF JUDGMENT DATED 3.10.2005 IN W.A. NO. 562/2000. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3114 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: a) Issue a Writ of mandamus or other appropriate writ, direction or order directing the respondent to issue a No Objection Certificate to the petitioner with respect to the property in Sy.No.187/5 of Kulappully Village, Ottappalam Taluk, to the petitioner forthwith. In view of the statement that the land has been notified as ecologically fragile land, in case the petitioner has still any grievance, it is for the petitioner to pursue the same in appropriate proceedings. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 3114 OF 2006 J U D G M E N T 01.09.2008