IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 30579 of 2010(V) ----------------------- PETITIONER : ------------------ SAINABA, AGED 47 YEARS, W/O.P.K.BAVA, PATHIYIL THODIKA, NEAR HIGH SCHOOL, MEPPADY PO, KOTTAPPADY VILLAGE, VYTHIRI THALUK, WAYANAD DISTRICT. BY ADVS. SRI.P.K.JOSE SMT.TESSY JOSE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE FOREST OFFICER, DISTRICT FOREST OFFICE, KALPETTA, PIN 673 121. 3. MEPPADY GRAMA PANCHAYATH, REP.BY ITS SECRETARY, MEPPADY PO, WAYANAD DISTRICT, PIN 673 577. R1 & R2 BY GOVT. PLEADER SRI. BENNY VARGHESE R3 BY ADV. SRI. MANOJ RAMASWAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 30579 of 2010 V ``````````````````````````````````````````````````````` Dated this the 13th day of October, 2010 J U D G M E N T Petitioner submits that she is living with her husband and children in house No.844, situated in 50 cents of land in R.S.No.204/1-A1 of Kottappady village of Vythiri Taluk. According to the petitioner, she is being harassed by the second respondent in order to drive her out of the property. 2. Learned Government Pleader, who has obtained instructions in the matter, submits that the land in respect of which petitioner claims possession and ownership, is a part of vested forest notified under the Vesting Act on 08-07-1977. It is stated that aggrieved by the said notification, the petitioner's husband filed O.A.No.5/1991 before the Forest Tribunal, Kozhikode and on dismissal of which, he filed MFA No.280/1993 which was dismissed on 28-06-2002. It is stated that the petitioner has no right whatsoever to occupy the forest land. WPC.30579/10 : 2 : 3. Nothing about the history of the aforesaid litigations is disclosed in this writ petition. Therefore, writ petition lacks factual particulars. Irrespective of that, if as stated by the petitioner, there are occupants of the land, their eviction will only be in accordance with law. With this clarification, this writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge