IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 RP.No. 686 of 2003(K) -------------------------------- OP. 7454/2001 OF THE HONOURABLE HIGH COURT OF KERALA .......... REVIEW PETITIONER(S):/RESPONDENTS IN THE OP ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FORESTS & WILDLIFE, THIRUVANANTHAPURAM. 2. THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, OLAVAKODE CIRCLE, PALAKKAD. 3. THE VILLAGE OFFICER, ONGALLUR -11, ONGALLUR. BY SPL. GOVERNMENT PLEADER SRI.P.M.POULOSE. RESPONDENT(S): PETITIONERS IN THE OP ------------------------------------ 1. SABARIDAS S/O VELLAYANNAN MUTHALIYAR VADAKKEVARIYIL HOUSE, MUTHALIYAR STREET, SHORNUR, PALAKKAD DISTRICT. 2. V.MAHESWARY W/O. SABARIDAS, DO. DO. ADV. SRI.PETER THARAKAN SRI. JIJO THOMAS SRI.JAISANKAR.G. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 686 of 2003 in O.P. No.7454 of 2001 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2010 O R D E R The petitioners filed this original petition challenging the notification issued by the Government of Kerala under Section 5 of the Kerala Preservation of Tress Act, 1986. That property was the subject matter of a proceedings before the Forest Tribunal under the Kerala Private Forest (Vesting and Assignment) Act, 1971. In those proceedings it was held that, that property is not a forest. That finding has become final pursuant to orders in appeal before this court. A learned Single Judge of this court, who heard this writ petition in the first instance came to the conclusion that in view of the findings in the proceedings under the Kerala Private Forest (Vesting and Assignment) Act, the Government cannot any longer take a contention that a property is a forest. The learned Single Judge entered into R.P. No. 686 of 2003 in O.P. No.7454 of 2001 -2- a further finding to the effect that the property is not part of a cardamom hills reserve nor is it cultivated with cardamom. Therefore according to the learned Single Judge, Section 5 of the Kerala Preservation of Tress Act, 1986 is not attracted to the land in question. Therefore the learned Single Judge quashed the notification which is produced as Ext.P6 in the original petition. In the course of arguments before the learned Single Judge, the petitioners raised a further contention that despite the earlier orders of this court, the land has not been restored to the petitioners as directed by this court. In respect of that contention the learned Single Judge directed the 2nd respondent to restore the property covered by Ext.P3 within six months. It is seeking review of that judgment, this review petition has been filed by the State raising two contentions. First is that the properties in question have been restored to the original owner of the property who filed the original application before the Forest Tribunal as per the schedule to the R.P. No. 686 of 2003 in O.P. No.7454 of 2001 -3- original application except 0.8 hectares which is declared as an ecologically fragile land. Therefore according to the State the directions in the judgment dated 26.07.2002 sought to be reviewed cannot now be implemented. The learned counsel for the petitioners in the original petition admits that the land has been restored to the original owner, the original owner settled the matter with the petitioners and therefore they do not have any grievance in respect thereof. He further submits that in respect of 0.80 hectares of land which has been declared as ecologically fragile land also the petitioners have no grievance. That being so, recording the said submission of the learned counsel for the petitioners that they have no more grievances in respect of the action of the respondents, this review petition is disposed of. S. SIRI JAGAN JUDGE shg/