IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 33933 of 2009(J) -------------------------- PETITIONERS: --------------- 1. ANNAKUTTY, W/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT. 2. JOSEPH, S/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 3. BABY @ MATHAI, S/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 4. ANNAKUTTY @ MINI, D/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 5. ROSAMMA, D/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 6. THRESSIAMMA, D/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 7. VARKEY @ BIJU, S/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 8. ALIAMMA, D/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT 9. ALPHONSA, D/O.POOKOMBIL VACKACHAN, KOTTAPPADI AMSOM, TRIKKAIPATTA AMSOM, SOUTH WAYANAD TALUK, WAYANAD DISTRICT BY ADV. SRI.P.CHANDRASEKHAR WPC NO. 33933/2009 RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KALPETTA, WAYANAD. 3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 4. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION, KALPETTA P.O., WAYANAD. 5. THE ASSISTANT DIRECTOR, FOREST MKINI SURVEY, MANTHOTTAM, KOZHIKODE. 6. THE TAHSILDAR, SOUTH WAYANAD, WYNAD DISTRICT. R1 TO R6 BY MR. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33933/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of January, 2010 J U D G M E N T The petitioners herein seek for a direction to the respondents to demarcate 2.40 acres of land allowed to the petitioners' predecessor in interest by this Court and handover the legal possession thereof within a specified time. The petitioners are the legal heirs of one Vakkachan who owned 5 acres of land in Survey No.216 pt. of Kottappadi Village in South Wayanad Taluk. The property was notified under the Kerala Private Forests (Vesting & Assignment) Act, 1971 and that led to the filing of O.A.No.25/1981 by the deceased Vakachan before the Forest Tribunal. His claim was allowed by the Forest Tribunal and the matter was taken up in an appeal, M.F.A.No.438/1984, by the Forest Department. It is averred that the Judgment in appeal has become final. As regards the claim for restoration, in the counter affidavit filed by the fourth respondent, it is averred that the restoration will be effected after due survey and demarcation by the fifth respondent. 2. The learned Government Pleader appearing for the respondents submitted that the fifth respondent may be W.P.(C). No.33933/2009 -:2:- directed to survey and demarcate the disputed property and, sufficient time may be granted to finalise the same. 3. Therefore, there will be a direction to the fifth respondent to survey and demarcate the property, namely, 2.40 acres of land in Survey No.216 pt. which was the subject matter of M.F.A.No.438/1984 (Ext.P2 Judgment) within a period of three months from the date of receipt of a copy of this Judgment and, accordingly, depending upon the outcome further action will be taken for restoration of the property. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms