Kerala High Court
Geogo T.D vs State Of Kerala on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 38140 OF 2007
PETITIONERS:
1 GEOGO T.D., S/O.T.A.DAMODARAN,
AGED 44 YEARS, 5/1823 ANIMA, S.V.COLONY P.O.,,
KOZHIKODE - 6.
2 MOHAMMED ASLAM THANGAL
S/O. S.F.THANGAL, 42/2673C THANGAL HOUSE,, SASTHA
TEMPLE ROAD, KOCHI - 18.
BY ADV SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,,
SECRETARAIT, THIRUVANANTHAPURAM.
2 THE PRINCIPL CHIEF CONSERVATOR OF FOREST
(ECOLOGICALLY FRAGILE), FOREST HEAD QUARTERS,,
VAZHUTHAKADU, THIRUVANANTHAPURAM.
3 DIVISIONAL FOREST OFFICER
NORTH WYNAD DIVISION, MANANDAVADY.
4 THE DISTRICT COLLECTOR
WYANAD DISTRICT, KALPETTA.
BY ADV SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
OTHER PRESENT:
SRI.T.P.SAJAN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.38140/2007
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.38140 of 2007
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Dated this the 14th day of September, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of certiorari or any other writ,
order or direction quashing Ext.P10 if the
respondent contest and content that the land
covered by Ext.P1 is covered by Ext.P10.
ii. To declare that the land covered by Ext.P1 is dry
cultivated area and is not liable to be declared as
ecologically fragile under Act 21 of 2005.
iii. To issue a writ of mandamus or any other writ,
order or direction directing the respondents not to
interfere with the possession of the properties
covered by Ext.P1 under the pretext of Ext.P10
notification.
iv. Allow such other writs, order or direction which
this Hon'ble Court may deem fit and proper in the
circumstances of this case and in the interest of
justice.
2. After going through the pleadings in the writ
petition, according to me, this writ petition is not
maintainable. The parties can avail remedies as per the Kerala
W.P.(C).No.38140/2007
Forest (Vesting and Management of Ecologically Fragile
Lands) Act, 2003. The petitioners have liberty to do the
needful in accordance to law. With such liberty, this writ
petition can be closed.
Hence this writ petition is closed, granting liberty to the
petitioners to take appropriate steps in accordance to the
provisions of the Kerala Forest (Vesting and Management of
Ecologically Fragile Lands) Act, 2003.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.38140/2007
APPENDIX OF WP(C) 38140/2007
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT NO.
293/2001.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
15/09/2006.
Exhibit P3 TRUE COPY OF THE DOCUMENT
NO.1875/2007.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN MFA NO.
934/1990.
Exhibit P5 TRUE COPY OF THE MAHAZAR AND ROUGH
SKETCH PREPARED BY THE DIVISIONAL
FOREST OFFICER DATED 21/09/00.
Exhibit P6 TRUE COPY OF THE LETTER DATED 21/09/00
TO THE COSERVATOR AND CUSTODIAN OF
FOREST OLAVAKODE ISSUED BY THE 3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY
DIVISIONAL FOREST OFFICER TO THE
TAHSILDAR, MANANTHAVADY DATED
21/09/00.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
19/01/2007 IN WPC NO.3340704 OF THIS
HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE LETTER DATED
25/04/2007 ISSUED BY THE CONSERVATOR
OF FOREST NORTH CIRCLE, KANNUR TO THE
CHIEF CONSERVATOR OF FOREST.
Exhibit P10 TRUE COPY OF THE NOTIFICATION
PUBLISHED IN KERALA GAZETTE DATED
03/04/2007.
