IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 16244 of 2008(H) ------------------------------------ PETITIONER: ------------------- THOTTIL PALLA M.THANKA, D/O. MURUKAN, VAZHAKKALA ESTATE, P.O. PUTHUMALA, MUPPANAD (VIA), MEPPADI, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION, KALPETTA. 4. THE CUSTODIAN OF VESTED FOREST, OLAVAKKODE, PALAKKAD DISTRICT. 5. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 6. THE TAHSILDAR, VYTHIRI TALUK, WAYANAD. 7. THE VILLAGE OFFICER, KOTTAPPADY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16244/2008-H PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE ORDER DT. 22-1-03 IN OA.60/01 OF FOREST TRIBUNAL, KOZHIKODE. EXT.P2COPY OF THE JUDGMENT DT. 3-2-05 IN MFA NO.163/04 EXT.P3 COPY OF THE COMPLAINT DT.16-9-06 IN TLSC NO.251/2006 FILED BY PETITIONER BEFORE DISTRICT LEGAL SERVICES AUTHORITY. EXT.P4 COPY OF THE LETTER DATED 30-9-2006 SENT BY THE CONSERVATOR OF FORESTS TO 3RD RESPONDENT. EXT.P5 COPY OF THE LETTER DATED 11-10-2006 SENT BY THE 3RD RESPONDENT TO 6TH RESPONDENT. EXT.P6 COPY OF THE STATEMENT DT. 20-11-06 FILED BY 6TH RESPONDENT BEFORE VYTHIRI TALUK LEGAL SERVICES COMMITTEE. EXT.P7 COPY OF THE AFFIDAVIT DT.NIL FILED BY 3RD RESPONDENT BEFORE KERALA LEGAL SERVICES AUTHORITY, VYTHIRI TALUK COMMITTEE. EXT.P8 COPY OF THE AFFIDAVIT DT.7-5-2007 FILED BY 3RD RESPONDENT IN TSLC NO.251/06 BEFORE KERALA STATE LEGAL SERVICES AUTHORITY, VYTHIRI. EXT.P9 COPY OF THE STATEMENT DT.23-7-07 FILED BY 6TH RESPONDENT BEFORE TALUK LEGAL SERVICE COMMITTEE, VYTHIRI. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / PA TO JUDGE. V.GIRI, J. ---------------------------------------- W.P.(C).No.16244 of 2008 ---------------------------------------- Dated this the 24th day of June, 2009. JUDGMENT 45 cents of land comprised in Survey No.97/1B1 of the Kottappadi Village was scheduled to an application filed by the petitioner before the Forest Tribunal, Kozhikode claiming exemption under the Kerala Private Forests (Vesting and Assignment) Act. The tribunal, by Ext.P1 order, allowed the petitioner's application. Appeal by the State before this court was dismissed and an appeal before the Supreme Court was also dismissed. The petitioner is aggrieved that the respondents are not receiving land tax in respect of the property. 2. The stand taken by the 3rd respondent in the statement filed by him is that the property scheduled to the W.P.(C).No.16244 of 2008 :: 2 :: application filed by the petitioner is to be restored to the petitioner. Steps have been taken to get legal opinion with regard to formal restoration consequent upon the dismissal of the special leave petition. 3. I heard learned counsel for the petitioner and learned Government Pleader. 4. It is true that the question of accepting land tax will arise only if the property is restored to the petitioner. But, it cannot be disputed that by Ext.P1 the competent tribunal has declared that the land claimed by the petitioner is not a vested forest and the said order has been confirmed by this court and the Supreme Court. In that case, if the petitioner files an application before the 4th respondent within one month from today, orders shall be passed within one month thereafter. Once the property is W.P.(C).No.16244 of 2008 :: 3 :: restored to the possession of the petitioner, the revenue authority shall accept land tax as and when it is remitted. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//