Rajan vs State Of Kerala
2021 Latest Caselaw 2049 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.1418 OF 2021(B)


PETITIONER:

               RAJAN
               AGED 81 YEARS
               S/O.CHATHAI, PADAYETTI HOUSE, ERUMAYOOR P.O.,
               ERUMAYOOR 1 VILLAGE, ALATHUR TALUK, PALAKKAD
               DISTRICT, PIN-678 546.

               BY ADV. SRI.R.RAMADAS

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        THE PRINCIPAL SECRETARY TO GOVERNMENT,
               FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      3        THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
               OF FOREST FORCE,
               FOREST HEADQUARTERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM, PIN-695 014.

      4        WORKING PLAN OFFICER,
               OLAVAKKODE P.O., PALAKKAD-678 002.

      5        DIVISIONAL FOREST OFFICER,
               NENMARA, PALAKKAD, PIN-678 508.

      6        THE CHIEF CONSERVATOR OF FORESTS,
               EASTERN CIRCLE, PALAKKAD, PIN-678 001.



               SPL.GP FOREST SRI.SANDESH RAJA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1418/2021(B)

                                     2


                              JUDGMENT

Dated this the 19th day of January 2021

The petitioner is aggrieved by Ext.P16 order

passed by the Government by which the Government has

accorded sanction to maintain the property which was

covered by Ext.P1 judgment, as Ecologically Fragile

lands as per the provisions contained in the Kerala

Forests(Vesting and Management of Ecologically Fragile

Lands)Act, 2003 and has directed the custodian to make

necessary arrangements to maintain the area as

Ecologically Fragile Land. According to the

petitioner, the said order has been passed without

taking note of the reports, Exts.P10 and P13. The

petitioner has also got a contention that it is against

the directions issued by this Court in Ext.P15 judgment

dated 23.06.2020.

2. The learned Special Government Pleader points

out that the petitioner has got an effective statutory

remedy under Section 10 of the Kerala Forests(Vesting

and Management of Ecologically Fragile Lands)Act, 2003

before the Forest Tribunal.

WP(C).No.1418/2021(B)

3. The learned counsel for the petitioner submits

that he has been before the Tribunal and various forest

authorities, for restoration of the land since the year

1976 and this will take further time for a decision.

I am of the view that the matter requires

adjudication on the basis of evidence. When the statue

provides for a remedy for the petitioner, it is only

appropriate that the petitioner approaches the Tribunal

under Section 10 of the Kerala Forests(Vesting and

Management of Ecologically Fragile Lands)Act, 2003.

The Tribunal would adjudicate the matter irrespective

of the finding of the Government in Ext.P16 order as

well as the reports based on which it has been passed;

on independent assessment of evidence and arrive at a

decision in accordance with the provisions contained in

the Act.

The Writ Petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.1418/2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 30.01.1980 IN OA NO.467/1976 FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P2 TRUE COPY OF APPLICATION IA NO.38/2001 IN OA NO.467/1976, FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P3 TRUE COPY OF THE COUNTER STATEMENT DATED 06.06.2001 FILED BY DIVISIONAL FOREST OFFICER TO THE ABOVE APPLICATION.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 23.11.2002 IN IA NO.38/2001 IN OA NO.467/1976 PASSED BY THE FOREST TRIBUNAL, PALAKKAD.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 10.08.2005 ISSUED BY D.F.O, NENMARA TO THE ASSISTANT SURVEY DIRECTOR, FOREST MINI SURVEY, KOZHIKODE.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 25.11.2005 BEFORE THE DIVISIONAL FOREST OFFICER, NENMARA.

EXHIBIT P7 TRUE COPY OF THE REPLY TO EXT.P6 DATED 06.12.2005 RECEIVED BY THE PETITIONER FROM THE DIVISIONAL FOREST OFFICER, NENMARA.

EXHIBIT P8 TRUE COPY OF NOTIFICATION DATED 01.09.2009.

EXHIBIT P9 TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF RS NOS.29, 30/2, 32/1, 33/1, 34/1 AND 35/2.

EXHIBIT P10 TRUE COPY OF THE REPORT DATED 06.05.2014 SUBMITTED BY THE COMMITTEE CONSTITUTED UNDER THE ECOLOGICALLY FRAGILE LANDS.

EXHIBIT P11 TRUE COPY OF THE LIST OF TREES PREPARED BY THE FOREST RANGE OFFICER, ALATHUR.

EXHIBIT P12 TRUE COPY OF THE REPORT PREPARED BY THE FOREST RANGE OFFICER, ALATHUR.

EXHIBIT P13 TRUE COPY OF THE CIRCULAR NOTE PREPARED BY THE ADDITIONAL CHIEF SECRETARY SUBMITTED WP(C).No.1418/2021(B)

BEFORE THE HON'BLE MINISTER FOR FORESTS FOR ORDERS.

EXHIBIT P14 TRUE COPY OF THE LETTER DATED 22.07.2014 OF THE ADDITIONAL CHIEF SECRETARY ISSUED TO THE PRINCIPAL CHIEF CONSERVATOR OF FOREST.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 23.06.2020 IN WPC NO.27848/2014.

EXHIBIT P16 TRUE COPY OF THE ORDER GO(RT) NO.282/2020/F & WLD DATED 16.11.2020 ISSUED BY THE GOVERNMENT.

EXHIBIT P17 TRUE COPY OF THE LETTER DATED 13.08.2020 SENT BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE INSPECTION REPORT OF THE 6TH RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE