IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 15519 of 2011(L) -------------------------------------- PETITIONER: ------------------- POTTAYIL ABOOBACKER HAJI, S/O.LATE P.SEEMANU HAJI, PRESENTLY RESIDING IN HOUSE NO.27/770,ZAHILA, PATTERIPARAMBA, KUTHIRAVATTOM P.O., KOZHIKODE-16. BY ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON, SMT.ANJU P.NAIR. RESPONDENTS: ------------------------ 1. THE DIVISIONAL FOREST OFFICER,NILAMBUR – 695 001. 2. CHIEF CONSERVATOR OF VESTED FOREST, THIRUVANANTHAPURAM – 695 001. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 TO R3 BY GOVT. PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15519/2011-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN A.S. NO. 153/1978 ON THE FILE OF THIS HONOURABLE COURT DTD. 14/11/1984. EXT.P.2: COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 01/02/2006. EXT.P.3: COPY OF THE PETITION DTD. 20/02/2006 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.10590/2006 DTD. 26/09/2006. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.1. DT. 22/03/2007 TAKEN AT THE TIME OF HEARING THE MATTER PURSUANT TO EXT.P.4. JUDGMENT. EXT.P.6: COPY OF THE JUDGMENT IN C.C.C. NO. 387/2007 DTD. 02/04/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ..................................... W.P.(C).15519/2011 ..................................... Dated this the 8th day of July, 2011 JUDGMENT Petitioner has approached this Court seeking a direction to the respondents to implement the decision as reflected in Ext.P5. According to the petitioner, there was a suit filed by the respondents against the petitioner as O.S.37/1970 before the Sub Court, Manjeri, for recovery of possession of six plots of land from the petitioner. The Suit was partly decreed and recovery of possession was ordered only in respect of item Nos.1 and 4. Respondents 1 and 3 challenged the decree before this Court by filing A.S.No.153/1978. That appeal was considered along with the cross Appeal filed by the petitioner. By Ext.P1 judgment, the appeal and the Cross Appeal were dismissed. Subsequently, the petitioner filed repeated applications before the first respondent for surveying and demarcating the plots, the recovery of which was ordered. Thus, the request finally culminated in Ext.P5 proceedings of the first respondent, the operative portion of which reads as under. “Hence the area is to be resurveyed and correct boundary as per decrees in O.S.37/1970 has to W.P.(C).15519/11 2 be identified and plots 1,2,3,4,5 and 6 identified in the field according to old survey. For this it has been agreed upon to bring the matter to the notice of Forest Mini Survey and to demarcate the boundaries in the field with reference to the old survey since, according to Sri.Aboobacker Haji the Forest Department has not procured any land in this area after 1871 and hence the Reserve Forest is only limited to the jurisdiction covered by the deed made during 1871.” 2. Ext.P5 proceedings were issued way back in March 2007. In spite of it, the same remains unimplemented. It is therefore, this writ petition is filed. It is obvious from Ext.P5 that the respondents, agreed for survey for the purpose of demarcation of the plots which were the subject matter of the litigation between the parties. Having agreed so, there is no reason why the same shall not be implemented. 3. In view of the above, I dispose of this writ petition directing that the first respondent will take appropriate action for implementation of Ext.P5. This shall be done, as expeditiously as W.P.(C).15519/11 3 possible, at any rate, within three months from the date of production of a copy of this judgment along with the copy of the writ petition. ANTONY DOMINIC, Judge mrcs