IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WA.No. 2863 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26963/2007 Dated 20/11/2007 .................... APPELLANT(S): PETITIONER ------------------------ EALIAS K.V., KARAKKATTU HOUSE, KILLIMANGALAM, CHELAKKARA. BY ADV. SRI.DEVAN RAMACHANDRAN SMT.T.G.SEETHAL RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETRY, MINISTRY OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE FOREST RANGE OFFICER, FOREST RENGE OFFICE, WADAKKANCHERRY. SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER FOR R1 & R2 G.P. SRI.P.M.POULOSE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.2863 of 2007 .................................................................... Dated this the 11th day of January, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge rejecting W.P.(C) stating that the dispute on identification, nature of land etc., cannot be settled by proceedings initiated before this court under Article 226 of the Constitution of India. The question that arises for consideration is whether the appellant's land which is 1.376 hectares, is ecologically fragile land covered by Ext.P3 Notification issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. Appellant contended that his land is not covered by the Notification. Division Bench of this court by interim order dated 25.6.2009 directed joint survey of the property and it is now submitted in court by the Special Government Pleader that the land is covered by Notification. In the circumstances, appellant's remedy is only before the Tribunal constituted under Section 10 of the Act abovereferred. Therefore, we dismiss the Writ 2 Appeal giving two months' time to the appellant to approach the Tribunal seeking appropriate relief under the Act. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms