IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28861 of 2008(J) ----------------------------------- PETITIONER : ---------------- T.VIJAYAN, S/O.E.K.K.ACHAN, AGED 53 YRS, AMBATTU BUNGLOW, AKATHETHARA, PALAKKAD-8. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS : ------------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNEMTN, DEPT.OF FOREST AND WILD LIFE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS (ADMN.),FOREST HEADQUARTERS,THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, PALAKKAD. 4. THE FOREST RANGE OFFICER, WALAYAR, PALAKKAD DISTRICT. BY SPL.G.P.SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28861/2008 -------------------- Dated this the 30th day of September, 2008 JUDGMENT Petitioner claims ownership of 20.09 acres of land comprised in Survey No.1/8 A1A of Akathethara Village in Palakkad District. There is a dispute as to whether the land is ecologically fragile land within the meaning of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003. Petitioner refers to Ext.P7, a communication from the Divisional Forest Officer, apparently, indicating that the land cannot be treated as ecologically fragile. But a decision is to be taken by the Conservator. Petitioner submits that if there is a dispute as to whether the land is ecologically fragile, he has a remedy by way of an application before the Tribunal constituted under Section 10 of the said Act. A similar issue has been considered by this Court in Ext.P10 judgment. In the result, writ petition is disposed of holding that it is open to the petitioner to approach the W.P.(C).28861/2008 2 Tribunal under Section 10 of the Act with an application filed in that behalf as contemplated by the said Act and the Rules framed there under, which shall be entertained by the Tribunal. V.GIRI, Judge mrcs