IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 18075 of 2005(B) -------------------------- PETITIONER(S): --------------- 1. SMT.MEENA LOCHANA, W/O.LATE KUNJIKRISHNAN, VETTUKAD, KUNDILIYAMKONATH, MANAJALUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. RATHU VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. 3. MRITHU VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. 4. SHYAMALA VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. 5. MEGHA VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. 6. FAIMINA, D/O.LATE KUNJIKRISHNAN, DO. DO. 7. ANIL VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. 8. SUNIL VARNAN, S/O.LATE KUNJIKRISHNAN, DO. DO. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. CUSTODIAN OF VESTED FORESTS, OLAVAKODE, PALAKKAD DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, NENMARA DIVISION, NENMARA, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER PASSED BY THE FOREST TRIBUNAL ON 8.8.2002 EXT.P2 TRUE COPY OF THE APPLICATION DATED 24.4.2003 SUBMITTED BEFORE THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE DEATH CERTIFICATE OF C. KUNJIKRISHNAN. EXT.P4 TRUE COPY OF THE LETTER DATED 1.10.2003 ADDRESSED BY THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 22.1.2004 ISSUED BY THE TAHSILDAR, ALATHUR. EXT.P6 TRUE COPY OF THE PETITION DATED 10.6.2004 ALONG WITH POSTAL RECEIPT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 18075 OF 2005 -------------------------------------------- Dated this the 18th day of June, 2009 JUDGMENT W.P.C. is filed for direction to forest officials to restore the property to the petitioners pursuant to Ext.P1 award which was passed by the Forest Tribunal on 8.8.2002. Award is seen issued in the name of the petitioners' father exempting 2.25 acres of land from vesting under the Kerala Private Forests (Vesting and Assignment) Act. Government Pleader filed a statement stating that M.F.A.No. 140 of 2005 is filed in this Court against the award of the Tribunal. According to counsel for the petitioner, party has not received any notice and no such appeal is pending. In the circumstances, WPC is disposed of directing respondents not to interfere with the petitioners' possession and enjoyment, if they are otherwise in possession and enjoyment of the property, until disposal of the appeal and thereafter depending upon the result of appeal. In the appeal, if the Tribunal's order is confirmed, then respondents will issue formal orders restoring possession which I make it clear should not involve handing over of possession if petitioners are not otherwise in possession and enjoyment of the land. (C.N. RAMACHANDRAN NAIR) kk Judge 2