KANAKAMANI THAMPURATTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The Government of Kerala declared around 9,000 hectares of land in Munnar Hills as Reserved Forest. The Petitioner challenged this declaration in W.P.(C) No.18595 of 2007, which was dismissed by the learned Single Judge in a judgment dtd. 18/6/2007 observing that the Petitioner has an alternate remedy under the Kerala Forest Act, 1961.

(2.) The Petitioner is in appeal before us under Sec. 5 of the Kerala High Court Act, 1958 contending that since the Petitioner has challenged the competence of the Government of Kerala in issuing such a notification, the adjudicatory machinery under the Act of 1961 is not the adequate remedy and only recourse is to approach under Article 226 of the Constitution of India. The question, thus, arises is whether the Petitioner has a remedy to assail the notification under the provisions of the Act of 1961 on the grounds as contended.

(3.) Since the Appellant asserts that the remedy of appeal is unavailable given the facts and circumstances, a brief overview of the case of the Appellant is necessary. The case of the Appellant is as under: