IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 8264 of 2010(G) ------------------------- PETITIONER(S): --------------- JAMES JOSEPH, AGED 58 YEARS, S/O. LATE P.C.JOSEPH, PARAPARAKATH HOUSE, KANJIKULAM POST, MANNARGHAT, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS AND CHIEF CONSERVATOR OF FORESTS(WILD LIFE), VAZHUTHAKKAD, THIRUVANANTHAPURAM. 2. THE CONSERVATOR OF FORESTS, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, MANNARGHAT, PALAKKAD. 4. THE FOREST RANGE OFFICER, MANNARGHAT RANGE, MANNARGHAT, PALAKKAD. BY GP P NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.8264 OF 2010 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MARCH, 2010 J U D G M E N T The main prayer in the Writ Petition is for a direction to respondents 3 and 4 to survey and demarcate 2.5 Acres of land in survey No.2288, Palakkayam Village, Mannarghat Taluk in Mannarghat Forest Division, owned by the petitioner which is exempted from the notification as ecologically fragile land, as per Exhibit P4. There is a further prayer, seeking for a direction to the 1st respondent to issue a revised notification. 2. Heard the learned Government Pleader appearing for the respondents. 3. The facts revealed in the Writ Petition show that the notification is published under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance No.8/2000, which is produced as Exhibits P2(a) and P2(b). The petitioner filed a petition under Rule 17 of the Rules for exemption of the land in question and ultimately the exemption has been granted as per Exhibit P4 by the 1st respondent. Thereafter, the petitioner approached the 1st respondent to expedite the proceedings for restoration of the property. It is also submitted by the petitioner that the property was restored W.P.(C)No.8264/10 -2- earlier in the light of the judgment in M.F.A.No.183/1979 arising out of O.A.No.88/77 of Manjeri Forest Tribunal. Out of the four bits, the land in question is in Bit No.2 having an extent of 1.6310 (4 Acres) out of which 2.5 Acres are to be demarcated. 4. The learned Government Pleader submitted that the first respondent is the authority to take follow up action in the matter. 5. There will be a direction to the 1st respondent to take appropriate steps to finalise the demarcation and survey for releasing the said property to the petitioner and the action will be finalised within a period of three months. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn