IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 30826 of 2010(C) -------------------------- PETITIONERS: -------------------- 1. M.V.RAMADASAN, S/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O. 2. M.V.VIJAYALAKSHMI, D/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O., REP. BY HER POWER OF ATTORNEY M.V.RAMADASAN, S/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O. 3. M.V.VALSALADEVI, D/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O., REP. BY HER POWER OF ATTORNEY M.V.RAMADASAN, S/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O. 4. M.V.RADHAKRISHNAN, S/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O., REP. BY HER POWER OF ATTORNEY M.V.RAMADASAN, S/O.PARUKUTTIAMMA, CHERAKKATTUKUNNATHUKALAM, KARAKKURISSI P.O. BY ADV. SRI.K.ANAND RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE SECRETARY TO THE FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM - 1. 3. CONSERVATOR OF FOREST, EASTERN CIRCLE, OLAVAKKODE 678002. WP(C).No. 30826 of 2010(C) ---------------------------------------- 4. DIVISIONAL FOREST OFFICER, PALAKKAD DIVISION 678001. 5. DIVISIONAL FOREST OFFICER, MANNARKKAD DIVISION 678582. 6. THE TAHSILDAR, OTTAPPALAM 679101. R1-6 SPECIAL GOVERNMENT PLEADER, SRI.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30826 of 2010(C) ------------------------------------ APPENDIX ----------------- EXT.P1. COPY OF THE COMMON ORDER IN O.A. 782/1975 & O A 783/1975. EXT.P2. COPY OF THE COMMON ORDER DT. 15.6.79 OF FOREST TRIBUNAL, PALAKKAD. EXT.P3. COPY OF THE LEGAL OPINION O A NOS.782/75 & 783/75 ET.P4. COPY OF THE LEGAL OPINION O A NOS. 555 AND 556/1976 DATED 14.10.1992. EXT.P5. COPY OF THE JUDGMENT IN WP © NO.10187/10 D ATED 3.6.2010. VK ANTONY DOMINIC, J. ------------------------------- W.P.(C).No.30826 of 2010 ------------------------------- Dated this the 10th day of December, 2010. J U D G M E N T The petitioners submits that, on the implementation of the Kerala Private Forest (Vesting and Assignment) Act, 1971, property having an extent of 1 acre, 2 acres, 3 acres and 1 acre belonging to the 1st, 2nd, 3rd and 4th petitioners respectively, were treated as vested forest. They moved the Forest Tribunal, constituted under Section 3(2) of the Act, by filing applications under Section 8 of the Act. Applications were numbered as O.A.Nos.782/75, 783/75, 555/76 and 556/76. The first two O.A. were allowed by Ext.P1 order dated 20.9.1978 and O.A.Nos.555/76 and 556/76, were allowed by Ext.P2 order dated 15.6.1979. There was no appeal or other proceedings, thereafter and the Tribunal's order attained finality and the law should have been restored immediately. According to the learned Government Pleader, the land has already been surveyed and demarcated also. Despite all the above, the land 2 W.P.(C).No.30826 of 2010 is not restored and the learned Government Pleader submits that, the proposal for restoration is forwarded to the Government and order is awaited. 2. In my view, whether there is an order for restoration or not, having regard to the finality that Exts.P1 and P2, orders passed by the Tribunal have attained, the respondents are bound to restore the land. Despite the above, it can be seen that even as on date, it has not been done and there is absolutely no justification. Therefore, it is directed that, irrespective of whether any order has been passed by the 1st respondent or not, the land mentioned in Exts.P1 and P2, shall be restored to the petitioners, within 2 months from today. It is made clear that, it will be the responsibility of the 3rd respondent to ensure that this judgment is complied with or else, he will have to face the consequences. Writ petition is disposed of as above. ANTONY DOMINIC, Judge. ami/