C.K. PURUSHOTHAMAN Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The petitioners in both the writ petitions are one and the same. W.P.(C).No. 12385/05 is filed, challenging the action of the Forest Department in interfering with the cultivation carried out by the petitioner. The W.P.(C).No. 32471/17 is filed challenging a notification issued under Section 3(1) under the Kerala Forest (Vesting and Management of Ecological Fragile Lands) Act 2003.

(2.) The land in question was restored to the petitioner. The dispute started in the year 1975. The predecessor in interest of the petitioner filed an application under Section 8 of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (Act 26/1971). That litigation came to an end through the judgment of this Court in M.F.A.No. 934/1990 dated 10.02.1998.

(3.) This Court observed that the land is a dry land and allowed the application filed under Section 8 of the Act. Forest Department did not restore the land. This resulted in filing W.P. (C).No. 3340/04. In W.P.(C).No. 3340/2004, this Court directed to restore the land. In that writ petition the Forest Department contended that they are proposing to declare the land as 'Ecological Fragile' Land. Since the proposal was not materialised despite the contention of the Forest Department, that it is a Ecological Fragile Land, this Court ordered restoration. Accordingly the land was restored.