IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 21876 of 2007(D) ----------------------------------------- PETITIONER: -------------------- KRISHNANKUTTY NAIR, S/O. KARTHIYANNI AMMA, CHERMBALA PUTHEN VEEDU, KEEZHUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CUSTODIAN-EX-OFFICIO, SECRETARY, AGRICULTURE (FOREST SPECIAL) DEPARTMENT. 3. FOREST CONSERVATOR, EASTERN CIRCLE, OLAVAKKOD, PALAKKAD DISTRICT. BY SPL.GOVERNMENT PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21876/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 22/02/1979 PASSED BY THE FOREST TRIBUNAL IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE LAWYER'S NOTICE DTD. 1/03/2006 ISSUED TO THE 2ND RESPONDENT ON BEHALF OF THE PETITIONER. EXT.P3: COPY OF THE LETTER DTD. 30/03/2007 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE LETTER DTD. 3/06/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S ANNEXURE: ANNEXURE R3(A): COPY OF DIVISIONAL FOREST OFFICER, PALAKKAD AS PER HIS LETTER NO.A1-OA 103/77 DTD. 26/07/07. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 21876 of 2007 ------------------------------------- Dated: MARCH 7, 2008 JUDGMENT An extent of 1 acre 33 cents of land comprised in Sy.No.71/4 of Keezhur village, Ottappalam Taluk, was the subject matter of O.A.No.103/1977 on the file of the Forest Tribunal, Palakkad. That was a proceedings arising under the Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal passed Ext.P1 order dated 22.8.1979 holding that the land is not a private forest. Petitioner submits that there was no challenge against the said order and that the order has attained finality. Despite all these, it is complained that the land has not been restored to the petitioner so far. 2. In the counter statement filed on behalf of the respondents, these facts are not in dispute. However, it is stated that this extent forms part of a larger extent of land and therefore survey and demarcation will have to be carried out. 3. Since the land has been held to be not a private forest as early as on 22.8.1979, fairness requires that the respondents WP(C) 21876/2007 Page numbers should restore the land to the petitioner within a reasonable time. In this case almost 30 years have passed and even now the land is not restored. I do not find any justification for the continued delay on the part of the respondents in restoring the land to the petitioner who is the rightful owner. 4. However, there is substance in the statement of the respondents that the land has to be surveyed and demarcated. This being a matter that the respondents have to do, I direct that the respondents shall survey and demarcate the land and restore the same to the petitioner. This process shall be completed by the respondents as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-