IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 26048 of 2008(A) --------------------------------------- PETITIONERS: --------------------- 1. P.K.SULAIMAN, S/O.SYED MUHAMMED, PUTHENVEEDU, PADAYATHIL, ERIMAYOOR, ALATHUR, PALAKKAD. 2. RAMLATH, W/O.MOOSAKUTTY, PUTHENVEEDU, PADAYATHIL ERIMAYOOR, ALATHUR, PALAKKAD. BY ADV. MR.P.R.VENKETESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, NENMARA, CHITTOOR TALUK, PALAKKAD. 4. ASST.CONSERVATOR OF FOREST (CUSTODIAN OF VESTED FOREST)., OLAVAKODE, PALAKKAD. R1 TO R4 BY GOVERNMENT PLEADER MR. P.M. PAULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26048/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMON ORDER DTD. 26/04/1979 PASSED BY THE FOREST TRIBUNAL, PALAKKAD IN I.A. NO. 170/1976 AND OTHERS. EXT.P.2: COPY OF THE JUDGMENT DTD. 12/10/1984 IN MFA 343 AND OTHERS. EXT.P.3: COPY OF THE ORDER DTD. 09/11/1995 IN C.M.P. NO. 29422/87 IN MFA.NO.345/1979 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26048 OF 2008 ............................................ DATED THIS THE 1st DAY OF JULY, 2009 JUDGMENT The petitioner obtained an order on 26.4.1979 from the Forest Tribunal. The State's appeal against that decision was dismissed by this court on 12.10.1984. The petitioner complains that due action has not followed for restoration of land in terms of that decision. Hence directions are sought for. 2. The Forest Range Officer, Alathur Range has filed a statement on behalf of the third respondent stating that the land involved in the case was surveyed and necessary restoration proposal and draft of notification under Section 5 of the Preservation of Trees Act has been placed before the Custodian and Conservator of Forests, Eastern Circle, Olavakkod on 11.4.2008. 3. Obviously therefore, all that remains is for the Custodian and Conservator of Forests to pass appropriate orders effecting the restoration in terms of the decision of the Forest Tribunal as affirmed by this court. Let this be done within an outer limit of WPC 26048 OF 2008 2 three months from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/2/7