IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 RP.No. 577 of 2008(F) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.22105/1999 Dated 20/02/2008 .................... REVIEW PETITIONERS/RESPONDENTS IN THE O.P : ------------------------------------------------------------------------- 1. THE DIVISIONAL FOREST OFFICER, KOTTAYAM. 2. THE CUSTODIAN OF VESTED FOREST, OFFICE OF THE CONSERVATOR OF FORESTS AND CUSTODIAN OF VESTED FORESTS, OLAVAKKOD CIRCLE, KOZHIKODE. 3. DISTRICT COLLECTOR, IDUKKI. 4. THE STATE OF KERALA, REPRESENTED BY THE EX-OFFICIO SPECIAL SECRETARY TO GOVERNMENT (FOREST SPECIAL), AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER SRI.RANJITH THAMPAN RESPONDENT/PETITIONER IN THE O.P. :- --------------------------------------------------------- M/S.RAM BAHADUR THAKUR LTD., KOLIEKANAM STATE, ELAPPARA, REPRESENTED BY ITS GROUP MANAGER, D.DOGRA. BY THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- R.P. No. 577 OF 2008 IN O.P.No.22105 OF 1999 ---------------------------- Dated this the 25th day of June, 2008 O R D E R This is a petition seeking review of the judgment dated 20.02.2008 in O.P.No.22105 of 1999. By the judgment sought to be reviewed, I had directed the State Government to restore possession of the lands involved in O.A. 276 of 1975 on the file of the Forest Tribunal, Palakkad to the petitioner in the Original Petition within a period of 4 months. The State was also directed to evict the encroachers. The State was also given an option to acquire the lands if it is not in a position to restore possession to the petitioner in the Original Petition. 2. In the review petition it is stated that the lands involved in O.A.No.276 of 1975 on the file of the Forest Tribunal, Palakkad were never notified as a private forest under Rule 2-A of the Kerala Private Forests (Vesting and Assignment) Rules, 1974 and that the State had never taken possession of the same. It is contended that the review petitioners are therefore not R.P. 577/2008 in O.P.22105/1999 2 bound to restore possession of the said lands to the petitioner in the Original Petition. 3. I have heard Sri.Ranjith Thampan, the Special Government Pleader appearing for the review petitioners. The learned counsel appearing for the review petitioners contended that possession of the lands involved in O.A.No.276 of 1975 was never taken by the State and that the lands also did not vest in the Government and therefore the State is not bound to restore possession of the said lands to the petitioner in the Original Petition. In my opinion, there is little or no merit in the said contention. Section 3(1) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 reads as follows : “Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub- sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala, shall by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances, and the R.P. 577/2008 in O.P.22105/1999 3 right, title and interest of the owner or any other person in any private forest shall stand extinguished.” 4. Vesting under the Act takes place by operation of law on 10.05.1971. The vesting is not postponed till the Custodian of Vested Forests demarcates the boundaries and issues a notification as contemplated under section 6 of the Act. Rule 2 (A) of the Kerala Private Forests (Vesting and Assignment) Rules 1974 only prescribes how the demarcation contemplated under section 6 of the Act should be effected. 5. Under section 8 of the Act, any dispute as to whether, any land is a private forest or not; or any private forest or portion thereof has vested in the Government or not, has to be adjudicated upon by the Forest Tribunal constituted under section 7 of the Act. Any person who raises such a dispute has to move the Forest Tribunal within 60 days from 6th August, 1981 or from the date of publication of the notification under Rule 2A of the Kerala Private Forests (Vesting and Assignment) Rules, 1974, whichever is later. Therefore, a dispute as to whether any R.P. 577/2008 in O.P.22105/1999 4 land is a private forest or not or any private forest or portion therefore has vested in the Government, or not, can arise even before a notification is issued. In the instant case such a dispute arose. The State resisted the claim of the petitioner in the Original Petition. The Forest Tribunal decided in favour of the petitioner in the Original Petition. The State of Kerala and the Custodian of Vested Forests carried the matter in appeal to this court contending that the lands have vested in the Government with effect from 10.05.1971. The appeal filed by the State and the Custodian of Vested Forests was dismissed, upholding the decision of the Forest Tribunal. The State had no dispute in the writ petition or in the proceedings before the Forest Tribunal or in M.F.A.No.424 of 1979 about the identity of the lands involved in the dispute. The State and the Custodian also had no case that the lands had not vested in it or that it was in the possession of strangers. In that view of the matter, it is not now open to the State or the Custodian to contend that the Government was not in possession of the lands on and with R.P. 577/2008 in O.P.22105/1999 5 effect from 10.05.1971 or that the lands had not vested in the Government and therefore they are not liable to restore possession. The review petition is in my opinion wholly without merit and is an abuse of the process of the court. I see no grounds to entertain the review petition. The review petition is accordingly dismissed in limine. P.N.RAVINDRAN, JUDGE pac R.P. 577/2008 in O.P.22105/1999 6 P.N.RAVINDRAN, J. R.P. No. 577 OF 2008 IN O.P.No.22105 OF 1999 O R D E R 25th day of June, 2008