IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23111 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. KUTTAPPAN.M, S/O.LATE, MURUKANDI, CHENNAMKODE, KANIYAMANGALAM, NEMMARA, PALAKKAD DIST. 2. MADHAVAN,.K,. S/O.LATE KELUKUTTY -DO- -DO- 3. NARAYANAN K, S/O.LATE KELUKUTTY -DO- -DO- 4. VELAYUDHAN K, S/O.LATE KELUKUTTY DO -DO- 5. THANKAMANI S/O.LATE KELUKUTTY DO -DO- 6. CHANDRAN.K, S/O.LATE KELUKUTTY -DO- -DO- 7. MEENAKSHY W/O.SUBRAMANIAN S/O.LATE KELUKUTTY -DO- -DO- BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN & CONSERVATOR OF FORESTS EASTERN CIRCLE, OLAVAKODE, PALAKKAD DIST. WP(C).No. 23111 of 2009 -2- 3. THE DIVISIONAL FOREST OFFICER, NEMMARA DIVISION, PALAKKAD. GOVERNMENT PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).23111/2009 ....................... Dated this the 24th day of August, 2009 JUDGMENT The applications filed by the petitioners before the Forest Tribunal as O.A.Nos.190/79, 191/79 and 192/79 under Section 3(3) of the Kerala Private Forest (Vesting and Assignment) Act, in relation to their respective shares of the property derived by them as legal heirs of one Kelukutty, where allowed by the Forest Tribunal as per order dated 2.11.1981 declaring that the scheduled properties did not vest in the Government, in terms of the Act. As evidenced by Ext.P2, the order was later affirmed by a Bench of this Court. But, nevertheless possession of the properties was not restored to the petitioners. Hence the writ petition. 2. Statement has been filed on behalf of the Forest Range Officer. Paragraph 4 of the same reads as follows:- It is submitted that consequent on the promulgation of Ecologically Fragile Land Ordinance 2000, the schedule property W.P.(C).23111/09 2 involved in the above Oas were inspected by the Range Officer, Nelliampathy and the Range Officer has reported that the above land does not comes under the purview of Ecologically Fragile Land Ordinance 2000. Since Government Orders for restoration of the land involved in the above Oas were received prior to the promulgation of Ecologically Fragile Land Ordinance 2000, the matter was taken up with Conservator of Forests for getting permission for the restoration of the land. The Custodian of Vested Forests as per Letter No.B2- 16296/88 dated 21.10.03 has directed to wait for further instructions from the Government in this regard. In the above circumstances, the land could not be restored to its ex-owners. A reply to the Advocate Noticedated 1.9.08 was sent vide letter No.E2-4754/07 dated 21.10.08. Stating the above, the Conservator of Forests, Eastern Circle vide Letter No.B2- 16296/88 dated 15.10.08 has taken up the matter with Government for issuing appropriate orders fro restoration of the land and reminder was also sent to the Government by the Conservator of Forests W.P.(C).23111/09 3 vide letter dated 4.5.09. But no orders have been received from the Government till dated regarding the restoration of the land involved in O.A.190 to 192/79. 3. Since the properties are not proposed to be considered as ecologically fragile and there is already an order by the competent Court declaring that the said properties have not vested in the Government, there is no justification for further delay in restoration of the properties covered by the aforementioned original applications. 4. Accordingly writ petition is disposed of directing the 2nd respondent to ensure that the physical possession of the properties scheduled to O.A.Nos.190/79, 191/79 and 192/79 of the Forest Tribunal, are restored to the respective claimants within three months from the date of receipt of a copy of this judgment. A copy of the judgment shall be independently produced by the petitioners before the 1st respondent along with the copy W.P.(C).23111/09 4 of the writ petition and the 1st respondent, shall ensure that necessary instructions are given to the 2nd respondent, to see that the directions aforementioned are complied with by the 2nd respondent. V.GIRI, Judge mrcs