IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15693 of 2008(R) -------------------------- PETITIONER: ------------ 1. SHAMSUDEEN, S/O.MOHAMOOD HAJI, AGED 36 YEARS, ARAFAYIL HOUSE, KADALOOR P.O., KOYILANDY-VIA, KOZHIKODE DISTRICT. 2. SHANAVAS, S/O.MAHAMOOD HAJI, AGED 26 YEARS, ARAFAYIL HOUSE, KADALOOR P.O., KOYILANDY-VIA, KOZHIKODE DISTRICT. 3. K.SUBAIR, RETD. SUPERINTENDENT OF POLICE, KURUDANKANDIYIL, NOOLPUZHA AMSOM DESOM, PUTHENKUNNU P.O., SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 4. SALEENA HAMSA, W/O.LATE HAMSA, VALIYAPEEDIACKAL HOUSE, AMARAMBALAM AMSOM DESOM, POOKKOOTTUMPADAM P.O., NILAMBUR-VIA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF FOREST & WILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FOREST AND CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD DISTRICT. 3. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND AND CHIEF CONSERVATOR OF FORESTS (ADMN.), FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 4. THE DIVISIONAL FOREST OFFICER, CIVIL STATION, KOZHIKODE. 5. THE FOREST RANGE OFFICER, PERUVANNAMUZHI, PERAMBRA-VIA, KOZHIKODE DISTRICT. 6. THE VILLAGE OFFICER, CHAKKITTAPPARA VILLAGE, CHAKKITTAPPARA P.O., PERAMBRA -VIA, KOZHIKODE DISTRICT. BY GP. SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 15693 OF 2008 = = = = = = = = = = = = = Dated this the 27th day of May, 2008. J U D G M E N T The petitioners are aggrieved by the action of the respondents in interfering with the regular agricultural operation in the rubber plantation, allegedly owned by the petitioners. The petitioners contention is that the action of the respondents is on the ground that the land in question is a ecologically fragile land. But according to the petitioners, petitioners' estate has not been declared as ecologically fragile land. From the averments itself it is clear that there is a dispute as to whether the petitioners property is an ecologically fragile land or not. Therefore the petitioners have remedy by way of filing an application before the Tribunal constituted under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 as provided in Section 10 thereof. But the apprehension of the petitioners is that in view of Rule 3 of the Tribunal Rules, such a petition cannot be entertained because the Rule prescribes filing of the application against an order of the custodian. In similar W.P.(C).No. 15693 OF 2008 2 writ petitions I have held that in so far as in Section 10 of the Act, there is no such restriction which is stated in Rule 3, an application under Section 10 of the Act would lie in accordance with Section 10 notwithstanding Rule 3. Therefore without prejudice to the right of the petitioners to file an application under Section 10 of the Act, before the Tribunal, which if filed shall be entertained by the Tribunal, the writ petition is closed. S.SIRI JAGAN, JUDGE bkn/-