IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 20322 of 2010(M) -------------------------- PETITIONER(S): --------------- C.JOSEPH, S/O. JOSEPH, AGED 70 YEARS, CHELAKKAL, P.O.CHELLANGODE VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIVISIONA FOREST OFFICER, SOUTH WAYANAD DIVISION, KALPETTA, WAYANAD DISTRICT 3. FOREST RANGE OFFICER MEPPADI RANGE, P.O.MEPPADI, WAYANAD DISTRICT. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 20322 of 2010 ================== Dated this the 30th day of July, 2010 J U D G M E N T Certain properties belonging to the petitioner were notified as vested with Government under the Kerala Private Forest (Vesting and Assignment) Act, 1971, against which, O.A.No.21/1978 was filed by the petitioner before the Forest Tribunal, Kozhikode,. That O.A. was dismissed, against which, the petitioner filed MFA No.550/1980 before this Court. Ultimately, this Court held that 25 cents of land out of the disputed land is excluded from vesting. The petitioner's grievance now is that no formal orders have been passed directing restoration of the 25 cents to the petitioner. The petitioner, therefore, seeks the following relief: “issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd Respondent to restore the 25 cents of land to the Petitioner as directed in Exhibit P1 judgment as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court.” 2. A counter affidavit has been filed by the 2nd respondent taking the stand that no orders are necessary since the petitioner is in possession of 25 cents and in fact part of the 25 cents has already been sold by the petitioner as evidenced by Ext.R2(A) sale deed, wherein it is specifically recited that the petitioner is in possession and enjoyment of the said property. The petitioner's contention is that the w.p.c.20322/10 2 petitioner is in possession of the property, but since there is no formal order restoring the property to the petitioner pursuant to the judgment in M.FA No.550/1980, the petitioner encounters difficulties in dealing with the said property. 3. Having heard both sides, I dispose of this writ petition with the following directions: Within one month from today, the 2nd respondent shall issue a communication to the petitioner stating that pursuant to the direction in MFA No.550/1980, the petitioner has been in possession of 25 cents and that the same shall be taken as restored to the petitioner in accordance with the judgment in MFA No.550/1980. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge