------------------- Petitioner challenges Ext.P15 order by which there is a proposal to measure the property belonging to the petitioner. The idea of measurement is to find out whether any portiion of the property is private forest in terms of Kerala Private Forest (Vesting & Assignment) Act, 1971. The contention of the petitioner is that it is not open for the forest department to take steps under the aforesaid Act after a period of 43 years. That apart two notifications were already issued by the custodian in terms with the provisions of the Act and later on it is found that the property was not included in the notification.
2. The learned Government Pleader, on instructions, would submit that what is contemplated in Ext.P15 order is to effect measurement in order to ascertain whether there is any private forest be in the possession of the petitioner. He also relied upon the judgment of this Court in Jojy Jacob v. State of Kerala, W.P.C.No. 15868 OF 2014 2 [2011(1) KLT 79] in order to contend that notification under the provisions of the Act can be issued without any limitations regarding time.
3. Having regard to the above submissions, I do not think that there is anything illegal on the part of the respondent authorities in issuing Ext.P15 to conduct measurement to ascertain existence of Private Forest in possession of the petitioner.
Under such circumstances there being no merit in the writ petition, the same is dismissed. Needless to say that, if any survey is conducted in the petitioner's property, the same shall be done only with notice to the petitioner Sd/-A.M.SHAFFIQUE, JUDGE lsn