IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CCC.No. 265 of 1995 (S) PETITIONERS: 1. D.SREENIVASAN MANAGING PARTNER, DEVALA ESTATE, (deceased) P.O.THORAPPALLI, GUDALLUR Addl.P2. S.BALACHANDRAN RESIDING AT DOMOYAR ESTATE P.O.THORAPPALLI GUDALLUR Addl.P3. S. VIJAYAKUMAR -DO- -DO- Addl.P4. HEMAN PREMACHANDRAN -DO- -DO- (Petitioner expired. Legal representatives are impleaded as additional Petitioners 2 to 4 as per order dated 16-6-2000 in C.M.P.19569 of 2000) BY ADVS. SRI.A.SUDHI VASUDEVAN SMT.BINDU K. NAIR & SRI.SHIRAZ ABDULLA RESPONDENTS: 1. JOHN MATHAI (FATHER'S NAME AND AGE NOT KNOWN) COMMISSIONER AND SECRETARY TO GOVERNMENT FOREST AND WILD LIFE DEPARTMENT TRIVANDRUM 2. SIDDHAPPA (FATHER'S NAME AND AGE NOT KNOWN) THE CUSTODIAN OF VESTED FORESTS KOZHIKODE 3. BENNYCHAN THOMAS, S/O K.V.THOMAS(AGE NOT KNOWN) THE DIVISIONAL FOREST OFFICER (N) NILAMBUR. BY SPECIAL GOVERNMENT PLEADER SRI.M.P.PRAKASH SRI.V.CHITHAMBARESH (ADV. COMMISSIONER) THIS CONTEMPT OF COURT CASE HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.C.C.No.265 OF 1995 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September 2008 JUDGMENT H.L.DATTU, C.J. Late D.Sreenivasan, while he was alive, had filed O.P.55/93. 2. Prayer in the original petition was for the issuance of a mandamus to the respondents in the original petition to restore the possession of 100 acres of Cardamom Estate belonging to the petitioner, situated in Edakkara Village in Malappuram District, which was the subject matter of O.A.305/1976 of the Forest Tribunal, Manjeri. 3. Though the respondents in the original petition had taken a specific objection with regard to the identity of the property involved in O.A.No.305/1976, the learned Single Judge, relying on certain findings of the Forest Tribunal, has allowed O.P.No.55/1993 by its order dated 26th November 1993 and has issued further directions to the respondents to restore possession of the 100 acres of Cardamom estate said to be belonged to the petitioner. The order passed by the learned Single Judge is as under: “There will be a direction to the respondents to restore possession of 100 acres of cardamom estate belonging to the petitioner situated in Edakkara Village in C.C.C.No.265 OF 1995 :: 2 :: Malappuram District and which is the subject matter of O.A.305 of 1976 on the file of the Forest Tribunal, Manjeri within a period of four months from today.” 4. Since the respondents had failed to comply with the orders and directions issued by this Court while disposing of O.P.No.55/1993, dated 26th November 1993, the petitioner's legal representatives are before us in this Contempt Petition, No.265/1995. In the contempt petition, it is stated that the respondents therein have willfully and deliberately disobeyed the orders and directions issued by this Court in O.P.55/1993. 5. Immediately after disposal of O.P.No.55/1993, the respondents in this contempt petition had filed R.P.No.105/1994, inter alia, requesting this Court to review the orders passed by this Court in O.P.55/1993. 6. This court, in fact, has entertained the review petition and, for the purpose of identifying the property which was ordered to be restored to the petitioner, had appointed the Court Commissioners. Pursuant to the directions issued by this court, the Court Commissioners has identified the property and has filed their report along with the sketch prepared by them. 7. The complainants had objected to the report of the Court Commissioners and, therefore, the matter had been referred to the Forest C.C.C.No.265 OF 1995 :: 3 :: Tribunal to consider the report of the Court Commissioner and the objections of the complainants and submit a report before this Court. Forest Tribunal has submitted its report regarding the identity of the property, dated, 9th March 1998. 8. Since the respondents have already filed a Review Petition in number 105/1994 and since that review petition has been entertained by this Court, at this stage, in our opinion, it cannot be said that the respondents in the contempt petition have either willfully or deliberately disobeyed the orders and directions issued by this court in O.P.No.55/1993. Therefore, the contempt petition requires to be closed and, accordingly, we close this contempt petition. 9. Post R.P.No.105/1994 in O.P.55/1993 before the learned Single Judge for hearing in the 3rd week of September, 2008. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/dk