IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 10638 of 2011(D) -------------------------- PETITIONER(S): ------------------- 1. BALAKRISHNAN, AGED 51 YEARS, S/O. LATE APPUGUPTHAN. 2. HYMAVATHY, AGED 53 YEARS, D/O. LATE APPUGUPTHAN, BOTH RESIDING AT PALLIKKARA KALATHIL HOUSE, ALANGAD AMSOM, VETTEKARA DESOM, KADAMPAZHIPURAM POST, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): -------------------- 1. DIVISIONAL FOREST OFFICER, PALAKKAD, KALLEKULANGARA POST, PIN-678 009. 2. THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKODE, PALAKKAD-678 002. 3. THE ASST. DIRECTOR OF SURVEY, FOREST MINI SURVEY, MANGAD, KOZHIKODE-673 574. R1-3 BY GOVT. PLEADER SRI.P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10638/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER PASSED BY THE FOREST TRIBUNAL, PALAKKAD IN O.A.213/78 DATED 25/09/1980. P2: COPY OF REGISTERED WILL NO.100/87 OF SRO KADAMPAZHIPURAM P3: COPY OF DEATH CERTIFICATE OF PARUKUTTY AMMAL P4: COPY OF PARTITION DEED NO.299/96 OF SRO KADAMPAZHIPURAM P5: COPY OF ASSIGNMENT DEED NO.300/96 OF SRO KADAMPAZHIPURAM P6: COPY OF JUDGMENT IN OS NO.292/08 OF MUNSIFF'S COURT, OTTAPALAM DATED 24/03/2010. P7: COPY OF DECREE IN OS 292/08 OF MUNSIFF'S COURT, OTTAPALAM DATED 24/03/2010. P8: COPY OF REPRESENTATION DATED 16/03/2011 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R1(a):COPY OF LETTER NO.3958/E2/03/F & WLD DATED 17/08/2005. R1(b):COPY OF ORDER NO.T-2060/96 DATED 08/10/2005 OF THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, PALAKKAD. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 10638 OF 2011 ----------------------------------------------------- Dated this the 19th day of August , 2011 J U D G M E N T Petitioners are legatees of the applicant of the claim in OA 213/78 on the file of the Forest Tribunal, Palakkad which allowed their claim by Ext.P1 order and in terms of the said order Ext.P1 has become final. 2. In this writ petition what is sought for by the petitioners is restoration of the land in pursuance of the aforesaid order of the Tribunal. In the statement filed on behalf of the first respondent, in paragraph 3, it is stated thus: “It is also submitted that even though an extent of 2.88 acres was allowed as per OA 213/78, on survey and demarcation 1.1115 ha.(2.75 acres) only is available for restoration and only that area can be restored to the eligible persons.” W.P.(C) No. 10638 OF 2011 :2 : 3. Petitioners are satisfied with the offer of restoration of 2.75 acres. Therefore I dispose of the writ petition with the following directions. 4. In view of the fact that petitioners are claiming to be the legatees of the applicant in O.A.213/78, it is directed that petitioners will produce a copy of the Will along with Ext.P6 judgment of the Civil Court and Ext.P7, the decree of the Civil Court, which according to them recognizes their entitlement for restoration of the land. Thereupon, the respondents shall restore possession of 2.75 acres of land mentioned above as expeditiously as possible. ANTONY DOMINIC, JUDGE ul/-