JUDGMENT

The above writ petition is filed with following prayers :

“i. Declare that the respondents have no power, authority or jurisdiction to obstruct the petitioner's activities of cultivation or other acts of possession by the petitioner within the property covered by Exhibit P1 suo moto proceedings to issue purchase certificate.

ii. Issue a writ of mandamus or other appropriate writ, direction or order restraining from obstructing the petitioner cultivating or doing other acts of possession within the property covered by Exhibit P1 suo moto proceedings.

iii. Grant such other reliefs found just and proper in the facts and circumstances of the case.” [SIC]

2. When this writ petition came up for consideration, the learned Special Government Pleader (Forest) submitted that the property in dispute is already notified as 'EFL (Ecologically Fragile Land)'. If that is the case, the remedy of the petitioner is to approach the competent authority or tribunal, in accordance to law. To facilitate the petitioner to approach the competent authority or tribunal concerned, the status quo as on today can continue for a period of one month.

Therefore, this writ petition is disposed in the following manner :

1) The petitioner is free to approach the competent authority or tribunal concerned to redress his grievance.

2) To facilitate the petitioner to approach the competent authority or tribunal, status quo as on today shall continue for a period of one month.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(C) 572/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 17.03.2020 ISSUED TO THE PETITIONER IN SM 206/2020 FROM THE OFFICE OF SPECIAL TAHALSIDAR (LA & LAT), ATTAPPADY SHOWING PENDENCY OF SUO MOTOT PROCEEDINGS TO ISSUE PURCHASE CERTIFICATE TO THE PETITIONER OVER THE PROPERTY BEARING SURVEY NO.1134/10 WITH EXTENT 0.8094 HECTOR SITUATED IN PUDUR VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED

26.03.2017 WITH RESPECT TO PETITIONER'S PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED

28.12.2018 WITH RESPECT TO PETITIONERS PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED

20.11.2021 WITH RESPECT TO PETITIONERS PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, PUDUR.

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 24.11.2021 SENT BY THE PETITIONER TO DIVISIONAL FOREST OFFICER, MANNARKKAD REQUESTING NOT TO OBSTRUCT HIS CULTIVATION AT HIS PROPERTY.

Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 24.11.2021 SENT BY THE PETITIONER TO THE CUSTODIAN, ECOLOGICALLY FRAGILE LANDS, THIRUVANANTHAPURAM.

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 24.11.2021 SENT BY THE PETITIONER TO THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM. RESPONDENT EXHIBITS Annexure R1(a) TRUE COPY OF THE EFL PROPOSALS FOR 3.20 Ha AT dEVARCHOLA IN SURVEY NUMBER 1134 SUBMITTED BY FIRST RESPONDENT DATED 31.1.2021 Annexure R1(b) TRUE COPY OF THE EFL PROPOSALS FOR 22.40 HA AT VENTHALA IN SRUVEY NUMBER 1134 SUBMITTED BY FIRST RESPONDENT DATED 5.2.2021 Annexure R1(c) TRUE COPY OF THE NOTIFICATION NO. EFL 1-

2241/2021 DATED 31.12.2021.