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Karthiayani @ Thanka vs State Of Kerala

High Court Of Kerala|25 June, 2014
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JUDGMENT / ORDER

------------------- Petitioner challenges Ext.P14 notification issued by the Government notifying the property of the petitioner as ecologically fragile lands in terms of Section 3(3) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. According to the petitioner earlier notification was issued as per Ext.P6 and on the representation of the petitioner the same was cancelled in terms of Ext.P12 stating that he is not the owner of the property. He has acquired the property only in 2006.
2. As far as the present notification is concerned, the petitioner had submitted Ext.P15 representation to the Chief Conservator of Forest. According to the petitioner, the same has to be treated as a review in terms of Section 19(3)(b) of the Act. Having regard to the aforesaid factual situation, I am of the view that the petitioner has to submit necessary application in the W.P.C.No. 14497 OF 2014 2 proper format with the requisite fee applicable for such an application.
In these circumstances, this writ petition is disposed of as under:
Petitioner is permitted to file necessary application before the Chief Conservator of Forest, who is the custodian in terms of Sec.19(3)(b) in the proper format and on receipt of the same, the same shall be considered and disposed within a period of six months thereof.
Sd/- A.M.SHAFFIQUE, JUDGE lsn
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Title

Karthiayani @ Thanka vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
25 June, 2014
Judges
  • A M Shaffique
Advocates
  • C A Chacko Smt
  • C M Charisma