IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 339 of 2010(N) ------------------------ PETITIONER: --------------- AMMUKUTTY, W/O.LATE RAMAN, AGED 67 YEARS ERAKULAM HOUSE, KAVASSERY AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, FOREST AND WILF LIFE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE CUSTODIAN OF VESTED FOREST, ARANYA BHAVAN, OLAVAKKODE, PALAKKAD. 4. THE CHIEF CONSERVATOR AND CUSTODIAN OF FORESTS, THIRUVANANTHAPURAM. SPECIAL GOVERNMENT PLEADER (FORESTS) SRI.K.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.339 of 2010 ------------------------------------------------ Dated this the 18th day of January, 2010 JUDGMENT The petitioner is aggrieved by the delay on the part of the third respondent in not restoring the property involved in O.A.No.12/2000. 2. According to the petitioner the property is one having an extent of 55 cents of paramba in Sy.No.146/A2 and 146/A25 in Kazhani, Alathur Taluk, Palakkad District. Even though the same was notified under the Provisions of the Kerala Private Forest (Vesting and Assignment)Act, O.A.No.12/2000 was allowed in her favour, holding the view that it was not a private forest as on 10/5/1971. The Government preferred an appeal by way of M.F.A.No.24/2005 against the Ext.P1 order and the MFA was dismissed by order dated 26/7/2005. 3. The learned Government Pleader on instructions submitted that the survey and demarcation of the property is required and, therefore, it is submitted that six months' time is required to complete the process for restoring the property. It is also submitted that the question whether the provisions of The Kerala Forest (Vesting and Management of Ecologically Fragile W.P.(C)No.339 of 2010 2 Lands) Act, 2003 is applicable herein. 4. The learned counsel for the petitioner submitted that so far no notification has been issued making the provisions of the said Act applicable to the property in question. In the light of the above there will be direction to the respondents to see that the survey and demarcation of measurement of the property is completed within six months from today and the property will be restored to the petitioner within the above period. The writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE skj