1. The matter arises under the Kerala Forest (Vesting & Management of Ecologically Fragile Lands) Act 2003 (hereinafter referred to as the 'Act'), Kerala Forest (Vesting & Management of Ecologically Fragile Lands) Rules 2007 (hereinafter referred to as the 'Rules') and the action taken by the Custodian under the Kerala Forest (Vesting & Management of Ecologically Fragile Lands) Ordinance 2000 (hereinafter referred to as the 'Ordinance').

2. It is the petitioner's case that Kaliappara Estate is a partnership firm in which he is the Managing Partner. The firm owns an estate having a total extent of 541 acres of land on perpetual lease from the Diwan of Cochin. A notification dated 19/9/2000 is published by the 3rd respondent under Ordinance No.8 of 2000 whereby an extent of 28 hectares of land comprised and forming part of the aforesaid 541 acres of land is notified as Ecologically Fragile Land (hereinafter referred as EFL). The petitioner filed an application under Section 19(3)(b) of the Act before the Custodian for exempting the above land from vesting under Section 3 of the Ordinance. The petitioner invoked Section 19(3)(b) in view of the fact that by that time the Act ha