IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 10187 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. RAJAN, S/O. LATE. PARANGODAN,AGED 44, KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. 2. KUNJILAKSHMI, D/O.LATE PARANGODAN AGED 58 YEARS, KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. 3. SARADHA, D/O. LATE.PARANGODAN, AGED 51 YEARS, KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. 4. SAROJINI,D/O.LATE.PRANGODAN,AGED 48 KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. 5. SATHYABHAMA, D/O. LATE PARANGODAN, AGED 45 YEARS, KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. 6. SNTHAKUMARI, D/O. LATE PARANGODAN, AGED 56 YEARS, KIZHAKKEKOTTAPPADY, KONGAD, PALAKKAD. REP. BY THE POWER OF ATTORNEY HOLDER A.M.AJITH, S/O. P.N.MOHANDAS, AJANTHA HOUSE, CHELLIKKAL DESOM, KONGAD AMSOM, PALAKKAD TALUK. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETAARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE FOREST AND WILD LIFE, SECRETAIAT,THIRUVANANTHAPURAM. 3. CHIEF CONSERVATOR OF FOREST, CALICUT. 4. D F O, PALAKKAD. BY SPL.G.P.(FOREST) SRI.P.M.POULOSE THIS WRIT PETITION ( CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS EXTS: EXT.P1:- COPY OF KRAYA CERTIFICATE NO.2163/74 DTD.31.1.77 EXT.P2:- COPY OF ORDER OF FOREST TRIBUNAL IN O.A.1224/74 DTD.20.6.77 EXT.P3:- COPY OF LEGAL HEIRSHIP CERTIFICATE DTD.10.3.2009 EXT.P4:- COPY OF SKETCH ISSUED BY THE SURVEYOR DTD.24.11.2007 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.10187 OF 2010 ------------------------------- Dated this the 3rd day of JUNE, 2010 J U D G M E N T The petitioners submit that in respect of some properties belonging to them, proceedings were initiated under the Kerala Private Forests (Vesting and Assignment) Act, 1971, before the Forest Tribunal, who exempted the property from the purview of the Act. The petitioners’ grievance in this writ petition is that in spite of the same, the land is not being restored to the petitioners. Therefore, the petitioners seek the following reliefs: “i. issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to give necessary direction to 3rd respondent to release the land in favour of the petitioner. ii. Declare that the petitioners are the absolute owners in possession and enjoyment of 98 cents of land in Sy.No.115/11B and 141/3 A of Kongadu Village Palakkad District. 2. I have heard the learned Government Pleader also. The learned Government Pleader on instructions submits that the proposal for restoration of the land has been sent to the Government and some more time is required to take a decision W.P.(c)No.10187/10 2 on the same. Having heard both sides, I dispose of this writ petition with a direction to the competent among respondents to take a final decision in the matter, in accordance with the orders of the Forest Tribunal, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.10187/10 3