IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 RP.No. 317 of 2008 -------------------------- (THE JUDGMENT DATED 20/11/2007 IN RSA NO. 377/2007) REVIEW PETITIONERS/APPELLANTS ------- ---------------------------------------------- 1. JANAKI, W/O KUMARAN, AGED 60, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 2. K.K.GANGADHARAN, S/O KUMARAN, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 3. K.K.MANOHARAN, S/O KUMARAN, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 4. K.K.MALATHY, W/O BABU, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 5. K.K.SOMARAJAN, S/O KUMARAN, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 6. K.K.RAJANIMOL, D/O KUMARAN, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. 7. K.K.BIJUMON, S/O KUMARAN, KALAVARAYIL HOUSE, URUMBIKKARA HILMEN SETTLEMENT, KUTTIPLANGAD P.O., KOKKAYAR VILLAGE. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RP NO. 317/2007 RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR 2. DIVISIONAL FOREST OFFICER, KOTTAYAM. 3. FOREST RANGE OFFICER, ERUMELY FOREST RANGE, ERUMELY P.O. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =============================== REVIEW PETITION NO.317 OF 2008 in R.S.A.No.377/2007 ================================ Dated this the 25th day of March 2008 ORDER This petition is filed under Order XLVII Rule 1 of Code of Civil Procedure by the appellants to review the judgment in RSA 377/2007 dated 20.11.2007. Case of the appellants in the second appeal is that when the second appeal was heard and disposed of, rights available to the petitioners under Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006( Act 2 of 2007) was not brought to the notice of the Court and under the said Act appellants are entitled to the protection and therefore judgment is to be reviewed. 2. The second appeal was filed against the dismissal of the suit for permanent prohibitory injunction instituted by the appellants before Munsiff Court, Thodupuzha. It was confirmed by the First Appellate Court in A.S.46/2004. Appellants did not claim any right under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. R.P.317/2008 2 Evidently the `Act' was not in force at that time. Being a suit for injunction, question of entitlement of the appellants to the benefit of Central Act 2 of 2007 is not to be considered in the appeal. In any event, it is not a ground to order review of the judgment in this appeal. Review Petition is dismissed. It is made clear that dismissal of the appeal will not disentitle appellants from claiming the benefit, if any, available to them under Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. M.SASIDHARAN NAMBIAR, JUDGE css/