IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 OP.No. 31671 of 2001(U) ---------------------------------- PETITIONER(S): ------------------------- M/S. NELLIAMPATHY PLANTATIONS LT.D, REP.BY MANAGING DIRECTOR, K.V.PADMANABHAN, MEENAMOPARA ESTATE, P.O. NELLIAMPATHY, PALAKKAD DISTRICT. BY ADVS.MR.T.M.SREEDHARAN MR.T.S.ARUNKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 3. CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, OLAVAKOT CIRCLE, PALAKKAD. 4. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT. R1 TO R4 BY SPL. GOVT. PLEADER MR.P.M.POULOSE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NIO.51601/2001 IN OP. 31671/2001 DISMISSED 16/12/2009 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 25.6.1987 IN MFAs 357/1981 AND 223 /1982 OF THIS HONOURABLE COURT. P2:- COPY OF THE COMMON JUDGMENT DTD. 1.7.03 IN RP. 282/2000 IN MFA. NO.357/1981 AND RP. 288/2000 IN MFA. 223/1982 OF THIS HONOURABLE COURT. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 31671 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th December, 2009. J U D G M E N T The petitioner is the owner of certain lands in Nelliampathi area. Proceedings under the Kerala Private Forests (Vesting and Assignment) Act have been initiated by the forest authorities in respect of the lands belonging to the petitioner. O.A.No. 42/1977 was filed by the petitioner in respect of the same before the Forest Tribunal, Palghat. Against the order in that O.A, both the petitioner as well as the State filed M.F.A Nos. 357/1981 and 223/1982 before this Court. In those M.F.As, this Court set aside the order of the Forest Tribunal in the O.A and held that the only conclusion possible is that the entire extent of property in the possession of the petitioner, except lands which are already exempted as cultivated lands and as specified in Ext. B2 plan produced in the O.A has vested with the State under the Kerala Private Forests (Vesting and Assignment) Act. In respect of the area of the exempted land, there was some confusion which led to R.P.No. 282/2000 in M.F.A. No. 357/1981 filed by the State. In that review petition, by Ext. P2 order, a Division Bench of this Court held that the petitioner would be entitled to restoration of more or less 200 acres as against the claim of the petitioner for 295 acres. The petitioner's prayer in this original petition is for a direction to the respondents to demarcate 295.84 acres of cultivated and ancillary area in accordance with Ext. B2 plan in the O.A as directed by this Court in the judgment in M.F.A.Nos. 357/1981 and 223/1982. O.P. No. 31671/2001. -: 2 :- 2. A counter affidavit and an additional counter affidavit have been filed, in which the State does not dispute the eligibility of the petitioner for demarcation of certain lands as per the judgment in the MFAs. But, their contention is that going by the judgment in the review petition, the petitioner is entitled to only 200 acres. They would further contend that even out of the 200 acres, 35 hectares have been notified as ecologically fragile lands under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act and therefore the petitioner is entitled to only possession of the balance after deducting the lands notified as ecologically fragile lands. In the additional counter affidavit, it is stated that survey work in respect of that area is in progress and would be completed within a short time. That additional counter affidavit is dated 22-8-2009. 3. Today, the learned Government Pleader submits that survey has been completed and a survey sketch has been prepared demarcating the property to be handed over to the petitioner. The learned Government Pleader submits that the survey itself has been after notice to the petitioner and a survey sketch has been furnished to the petitioner. It is submitted that the area so demarcated can be pointed out to the petitioner so that he can retain the same. 4. I have considered the rival contentions in detail. 5. In view of the order of the Division Bench in Ext. P2, the petitioner cannot now take a stand that he is entitled to 295 acres insofar as it has been specifically held in Ext. P2 that the petitioner is entitled to only more or less 200 acres. Naturally, if any part of that land has been notified under the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, such exclusion has to be agitated by the petitioner under the Act. I am not expressing any O.P. No. 31671/2001. -: 3 :- opinion on the same. However, the area to which the petitioner is entitled to be in possession of, according to the respondents as per law, has to be demarcated and shown to the petitioner within definite time. The respondents shall do the same within a period of two months from today. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/