IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 32869 of 2008(K) --------------------------------------- PETITIONER: ------------------- SATHYARAJAN, S/O.LATE APPUNNI, ATHANIKKAL HOUSE, OTTAPALAM TALUK,KOONATHARA AMSOM, PANAYUR DESOM, PANAYUR P.O, OTTAPALAM. BY ADV. SRI.R.RAMADAS, ADV. SRI.C.DILIP. RESPONDENTS: ----------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CUSTODIAN OF VESTED FORESTS & CONSERVATOR OF FORESTS, OLAVAKKODE, PALAKKAD. 4. THE CHIEF CONSERVATOR OF FORESTS, FOREST DEPARTMENT HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. N. SUDHA, SPL. GOVT. PLEADER SRI. M.P. PRAKASH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V. GIRI, J. ------------------------------- WP(C).NO. 32869 of 2008 --------------------------------- Dated this the 9th day of December, 2008 JUDGMENT The petitioner is approached this court seeking a direction to the respondents not to interfere with the agricultural operation stated to be carried on by him in his property (5.41 and half acres of land in survey No.168/11 B1 of Ottappalam Taluk). Learned Special Government Pleader submits that the land in question which was originally treated as vested forests were directed to be restored by the Tribunal as per OA.No.182/77 and 42/79 but actual physical restoration of the property has not been taken place so far. Paragraph 9 of the statement reads as follows:- “The respondents are taking earnest efforts to restore the land to the OA applicants or their legal heirs. The petitioner can produce a power of attorney duly signed by the OA applicants or their legal heirs to claim restoration of the property involved in OA 42/79 to him. In respect of the restoration of the property involved in OA 182/77, a series of administrative procedures including WPC. 32869/2008 2 Government orders for restoration is required which will take adequate time. There is no willful negligence on the part of the respondents.” 2. Learned counsel for the petitioner submits that the petitioner shall produce all relevant documents to enable the custodian to restore the property to its original owner. If the petitioner produces documents entitling him to derive possession of the property on restoration, the same shall be looked into and needful shall be done by the custodian within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. V. GIRI, JUDGE. pmn/ WPC. 32869/2008 3