IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 28965 OF 2021 PETITIONER:

PRAKASH S.

S/O. LATE K. N. SUKUMARAN, KINNAKKARA, KUNTHA TALUK, NILGIRI DISTRICT, TAMIL NADU.

BY ADVS.

P.JAYARAM GIGI PAPPACHAN K.R.PAUL RESPONDENTS:

1 DIVISIONAL FOREST OFFICER, MANNARKKAD, PALAKKAD DISTRICT - 678 582.

2 THE CUSTODIAN, ECOLOGICAL FRAGILE LANDS, FOREST HEAD QUARTERS, VAZHUTHACKADU, THIRUVANANTHAPURAM - 695 014.

3 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

BY ADV.

SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER(FOREST)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No. 28965 of 2021 --------------------------------

Dated this the 4^th day of April, 2022

JUDGMENT

The above writ petition is filed with the 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 the respondents 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 Ecologically Fragile Land (EFL). If that is the case, the remedy of the petitioner is to approach the competent authority or the competent Tribunal to redress his grievance. For facilitating the petitioner to approach the competent authority or the competent Tribunal, the status quo can be continued for a period of one month from today.

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

i. The status quo as on today will continue for a period of one month from today.

ii. During the above period, the petitioner is free to approach the competent authority or the competent Tribunal in accordance to law, to redress his grievance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 28965/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED

17.03.2020 ISSUED TO THE PETITIONER IN S.M.205/2020 FORM THE OFFICE OF SPECIAL TAHASILDAR (LA & LT), ATTAPPADY SHOWING PENDENCY OF SUO MOTO PROCEEDINGS TO ISSUED 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 16.03.2017 WITH RESPECT TO HIS PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, AGALI IN THE NAME OF THE PETITIONER AND HIS MOTHER SARADAMMAL.

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 28.12.2018 WITH RESPECT TO HIS PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, AGALI IN THE NAME OF THE PETITIONER AND HIS MOTHER SARADAMMAL.

EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 20.11.2021 WITH RESPECT TO HIS PROPERTY ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, AGALI.

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.

RESPONDENTS EXHIBITS :NIL //TRUE COPY//

PA TO JUDGE