IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 W.P(C).No. 10423 of 2008(N) ---------------------------------- PETITIONER: ------------- CHAKKARA MAMMUTTY, S/O. IBRAYI HAJI, POONCHOLA PLANATATIONS, POST VYTHIRI,VYTHIRI TALUK WAYANAD DISTRICT, RESIDING AT FATHIMA MANZIL, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK. BY ADV. SRI.R.RAMADAS RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CUSTODIAN OF KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS) AND THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 5. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 10423 OF 2008 N = = = = = = = = = = = = = = = = Dated this the 31st March, 2008 J U D G M E N T Petitioner submits that 58 acres of land comprised in Sy. No. 339/4A 1A 1 Part of Vythiri Village, now situated in Re-Sy. No. 413/5 part, has been notified as ecologically fragile land under the provisions of the Kerala Forest (Vesting of Management of Ecologically Fragile Land) Act, 2003. It is stated that the land is a cardamom estate and does not qualify to be notified as ecologically fragile land as per the provisions of the Act. 2. Urging this contention, petitioner has approached the 3rd respondent by filing Ext. P5. Learned Counsel for the petitioner submits that the said application is to be treated as one under Rule 17 of the Rules providing for application for review of the notification and that orders thereon are liable to be passed by the 3rd respondent. 3. Taking into account the submission made as above, I dispose of this writ petition directing that the 3rd respondent shall W.P.(C) No. 10423 OF 2008 -2- consider Ext. P5 application made by the petitioner. This shall be done as expeditiously as possible, and with notice to the petitioner, at any rate within 3 months of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC JUDGE jan/-