IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WA.No. 318 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8783/2004 Dated 15/09/2008 .................... APPELLANTS/RESPONDENTS ------------------------------------ 1. THE CUSTODIAN OF VESTED FOREST, PALAKKAD 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY ADDITIONAL ADVOCATE GENERAL SRI.RANJITH THAMPAN GOVERNMENT PLEADER SMT.K.MEERA RESPONDENTS/PETITIONERS IN W.P.(C) ------------------------------------------------- 1. P.V.KUNHIRAMAN, S/O.AMMALU AMMA, KRIPALAYAM,PULLENGODE,KALIKAVU.P.O., MALAPPURAM DIST. 2. P.K.KUNHIKRISHNAN, DO. DO. 3. P.V.NANIKUTTY, DO. DO. 4. P.RAMACHANDRAN,S/O.LATE K.PADMANABHAN NAIR,ANIMANAL.P.O., ATAKKAKUNDU, KALIKAVU,MALAPPURAM DIST. 5. P.NIRMALA,D/O.LATE K.PADMANABHAN NAIR, DO. DO. 6. P.PADMAJA, D/O. DO. DO. 7. K.L.GIRIJA, KRIPALAYAM,PULLENGODE.P.O., MALAPPURAM DISTRICT. 8. M.K.PRABHAKARAN NAIR, DO. DO. 9. K.ACHUTHANKUTTY, DO. DO. 10. K.RAMAKRISHNAN, DO. DO. 11. K.VENUGOPAL, DO. DO. 12. PARUKUTTYAMMA, DO. ADV. SRI.T.SETHUMADHAVAN FOR RPTS. SRI.PUSHPARAJAN KODOTH FOR RPTS. SRI.K.JAYESH MOHANKUMAR FOR RPTS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.ANo.318 of 2009 -------------------------------------------------- Dated this the 27th day of May, 2009 JUDGMENT Kurian Joseph,J. Respondents - Custodian of Vested Forests, Palakkad and others - in W.P(C)No.8783/2004 have come up in appeal aggrieved by the judgment dated 15-9-2008. Respondents herein are the petitioners. Petitioners approached this court challenging Ext.P13 order passed by the Custodian of Vested Forests, Palakkad. The said order was passed pursuant to the direction issued by this court by Ext.P8 judgment in W.P(C) No.27696/2003. The said writ petition was filed praying for a direction to the Custodian of Vested Forests to implement Ext.P1 order dated 12-2-1976 passed by the Custodian of Vested Forests. In the nature of the view we propose to take in this case it is not necessary to go into the detailed factual background or the chequered history of this case. As per Ext.P1 order the Custodian of Vested Forests directed return of different extents W.ANo.318 of 2009 -:2:- varying from 5 to 12 acres of land of Pullangode Malavaram under Rule 3(3) of the Kerala Private Forest (Exemption from Vesting) Rules, 1974. The State contended before the learned single Judge while considering WPC No.27696/2003 inter alia that in view of Ext.P5 judgment passed by the Supreme Court in Civil Appeal No.4253/1984 and connected cases, Ext.P1 cannot be implemented. Apparently the learned single Judge, in that case, did not go into the contentions on merits in view of the pendency of Exts.P6, P7 and other applications filed by the writ petitioner therein and other parties who are interested in return of the land; but disposed of the writ petition directing consideration of the applications in accordance with law by adverting to the contentions of the petitioners and after referring to the Supreme Court judgment. But it appears that owing to an inadvertent clerical mistake in the judgment, instead of Ext.P6, at paragraph 3 Ext.P1 was directed to be considered by the Custodian of Vested Forests. Therefore, the Custodian of Vested Forests considered Ext.P1 afresh. As a matter of fact, Ext.P1 is the order passed by the Custodian of Vested Forests as early as on 12-2-1976. But apparently in view of the judgment the very W.ANo.318 of 2009 -:3:- applications for return of forest land, which are the basis of Ext.P1 order, were considered by the Custodian of Vested Forests. 2. In the judgment under appeal the learned single Judge rightly found that the direction by the learned single Judge in W.P (C)No.27696/2003 is not to consider Ext.P1, but only Ext.P6. That it is so, is fairly clear from paragraph 4 of the judgment in W.P(C)No.27696/2003 wherein there was also a direction to the Custodian of Vested Forests to consider Exts.P6, P7 and other applications filed by the petitioners and similarly situated people. Be that as it may, the Custodian passed Ext.P13 order adverting to the contentions regarding the merits of the claim for return of the land pursuant to the applications filed in 1974. The learned single Judge, holding that the Custodian of Vested Forests has not properly understood the direction issued by the learned single Judge in W.P(C)No.27696/2003, proceeded further and disposed of the writ petition directing implementation of Ext.P1 order. We are afraid the learned single Judge is not right in taking such a decision. It is Exts.P6, P7 and similar applications which are directed to be considered in Ext.P8 judgment in W.P(C) W.ANo.318 of 2009 -:4:- No.27696/2003. In that view of the matter we need not advert to the various contentions advanced by Sri.Ranjith Thampan, Additional Advocate General appearing for the appellants and Sri.Sethumadhavan, learned counsel appearing for the respondents. The Custodian of Vested Forests has to consider the matter afresh as directed in Ext.P8 judgment. Therefore, we set aside the judgment under appeal and dispose of the writ petition quashing Ext.P13 and with a direction to the Custodian of Vested Forests to consider Exts.P6, P7 and similar applications in the manner directed directed in Ext.P8 judgment in W.P(C) No.27696/2003, within a period of four months from the date of production of a copy of this judgment, with notice to the parties. We make it clear that the parties shall be permitted to be heard through their representatives. The writ appeal is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.ANo.318 of 2009 ---------------------------- JUDGMENT 27th May, 2009