IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4901 of 2008(H) ------------------------- PETITIONER: ------------ 1. M. NEELAKANDAN NAMBOORIDI, MALLISSERY MANA, VADASSERY P.O.,(VIA) KERALASSERY, PALAKKAD DISTRICT. 2. M. NEELAKANDAN UNNI, MALLISSERY MANA, VADASSERY P.O.,(VIA) KERALASSERY, PALAKKAD DISTRICT. 3. M. PARAMESWARAN NAMBOODIRI, MALLISSERY MANA, VADASSERY P.O.,(VIA) KERALASSERY, PALAKKAD DISTRICT. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD DISTRICT. 3. THE CHIEF CONSERVATOR OF FORESTS/ CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER (FOREST) SRI RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4901 of 2008 ------------------------------------- Dated: February 11, 2008 JUDGMENT The prayer made in this writ petition is for directing consideration of Ext.P3, an application made by the petitioner to the 2nd respondent invoking his power under sec.19(3)(b) of the Kerala Forest (Vesting and Management of Ecologically Fragile) Lands Act, 2003. 2. It is pointed out by the learned Government Pleader that since the notification in question has been issued under the provisions of the Act itself, sec.19(3)(b) invoked by the petitioner is inapplicable since its operation is confined to notification issued under the ordinances that preceded the Act. 3. Since the position is as submitted by the Government Pleader, I do not think that this court will be justified in directing consideration of Ext.P3. Needless to say that in case the petitioner is aggrieved by the notification under the Act, the remedy open to the WP(C) 4901/08 Page numbers petitioner is to move the Tribunal constituted under sec.9 of the Act. With that liberty and without prejudice to the contentions of the petitioners, this writ petition is dismissed. ANTONY DOMINIC JUDGE mt/-