IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 14191 of 2009(T) -------------------------- PETITIONER(S): --------------- RATNASABHAPATHY AGED 55 YEARS, S/O.ARUNACHALA MUDALIAR SURYA, NEAR POST OFFICE, PALAKKAD 678 544. BY ADV. SRI.P.R.VENKATESH RESPONDENT(S): --------------- 1. STATE OF KERALA RERPESENTED BY SECRETARY, FOREST AND WILD LIFE GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FOREST AND CONSERVATOR OF FORESTS, VESTED FOREST CIRCLE KOZHIKODE. 3. DIVISIONAL FOREST OFFICER, NENMARA. GOVERNMENT PLEADER SRI.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14191 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE ASSIGNMENT DEED NO.1134 OF 1982 AT SRO, ALATHUR EXT.P2- TRUE COPY OF THE REGISTERED RELEASE DEED DOCUMENT NO.365 OF 1984 AT THE SRO ALATHUR EXT.P3- TRUE COPY OF THE ORDER OF THE HONOURABLE TRIBUNAL IN OA.NO.1119 OF 1975 DATED 30.11.1976 EXT.P4- TRUE COPY OF THE ORDER IN REVIEW APPLICATION IA 226 OF 1987 DATED 31.5.1988 (True Copy) P.A.To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).14191/2009 .............................................. Dated this the 11th day of July, 2011 JUDGMENT Petitioner and his two sisters are the assignees of the property which was the subject matter of O.A.No.1119/1975 on the file of the Forest Tribunal, Palakkad, which was allowed as per Ext.P3 order dated 30.11.1976. Subsequently, respondents sought review of the said order by filing I.A.226/1987. In that proceedings, the assignees were also impleaded. Finally by Ext.P4 order dated 31.5.1988, the review petition was dismissed and with the dismissal of the Review Petition, the proceedings have attained finality. 2. In this writ petition, the petitioner, who contends that he holds the Power of Attorney of one of his sisters and that the other sister has assigned her right in his favour, seeks a direction to the respondents to restore possession of the land forming the subject matter of Exts.P3 and P4 orders of the Forest Tribunal. 3. As per the order of the Tribunal, the land to be restored is W.P.(C).14191/09 2 6.48 acres. However, in the statement filed by the third respondent, it is stated that on survey, the extent of the property to be restored is found to be only 1.6840 hectares. In paragraph 4 of the statement it is stated thus:- Thereafter, the respondents had addressed the Forest mini Survey Department for survey and demarcation of OA schedule property. Accordingly, a Forest Mini Survey Team under the Assistant Director of Mini Survey, Thiruvananthapuram had surveyed the land and a survey sketch was received by the third respondent. As per the sketch an extent of 1.6840 h.a is found to be restored to the OA applicant. The extent of the lands mentioned in the above report is extracted below for ready reference. Sl.No. Survey No. Extent in h.a. 1 90/2 1.0000 h.a. 2 90/16 0.1170 h.a. 3 91/12 0.5670 h.a. Total 1.6840 h.a. In the report, the Asst.Director of Mini Survey W.P.(C).14191/09 3 Department informed the third respondent that no land in Sy.No.91/16 is vested with the Government, even though it was mentioned in the OA schedule. 4. When the matter was taken up, the learned counsel for the petitioner submitted that if the land, as mentioned in the Statement filed by the third respondent, is restored to the rightful claimants, they will accept the same in full and final settlement of their claimants. 5. In view of the submission made and on account of the finality that Exts.P3 and P4 orders of the Tribunal have attained, the writ petition is disposed of directing the respondents to restore 1.6840 hectares of land mentioned in their statement to its rightful claimants. This shall be done as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. ANTONY DOMINIC, Judge mrcs