IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 W.A.No. 2225 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29900/2004 Dated 30/10/2006 .................... APPELLANT(S): RESPONDENTS IN WPC -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS, GOVERNMENT OF KERALA, FOREST DEPARTMENT, KOZHIKODE. 3. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION, KALPETTA. BY GOVERNMENT PLEADER MR. K.V. SABU RESPONDENTS: PETITIONERS IN WP(C) --------------- 1. SAIDALAVI, S/O.LATE MAMMOOTTY, PALLANICKEL HOUSE, MOOPANAD, MEPPADI P.O., WAYANAD DISTRICT. 2. KUNHIMOHAMMED, S/O.LATE MAMMOOTTY, PALLANICKEL HOUSE, MOOPANAD, MEPPADI P.O., WAYANAD DISTRICT. 3. ASYA, D/O.LATE MAMMOOTTY, PALLANICKEL HOUSE, MOOPANAD, MEPPADI P.O., WAYANAD DISTRICT. 4. HAMSA, S/O.LATE MAMMOOTTY, PALLANICKEL HOUSE, MOOPANAD, MEPPADI P.O., WAYANAD DISTRICT. (..2/) W.A.2225/06 (2) 5. PATHU, D/O.LATE MAMMOOTTY, PALLANICKEL HOUSE, MOOPANAD, MEPPADI P.O., WAYANAD DISTRICT. ADV.MR .N.JAMES KOSHY FOR R1TO 5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.2225 of 2006 =============================== Dated this the 10th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Writ petitioners' property having an extent of 11.37 acres of land was found to be not a forest by a Division Bench of this Court in M.F.A.No.1181 of 1994, as can be seen from Ext.P1 judgment dated 18.9.2003. It was found that petitioners are entitled to exemption from vesting under Section 3(2) of the Kerala Private Forests (Vesting and Assignment) Act as they are personally cultivating the land when the Act came into force. Therefore, land was directed to be restored to the petitioners. But, even though the judgment was passed as early as in 2003, land was not restored to them. After two years of passing of the judgment, a review petition was filed. That was also dismissed. But the land was not restored. The learned Single Judge directed to implement the judgment and restore the land by judgment dated 30.10.2006. SLP filed before the Honourable Supreme Court with a delay condonation petition and notice was issued on W.A.No.2225 of 2006 2 the delay condonation petition is not a ground to disobey the direction in the judgment. Learned counsel for the petitioner submits that if the decision of the Honourable Supreme Court is against them, they will return the land and Government can take back the property if the decision is favourable to them. It is further undertaken that petitioners will not cut or remove any of the trees in the land. We record that undertaking. Ext.P1 may be implemented and land may be restored subject to the result of the SLP pending before the Honourable Supreme Court. The writ appeal is disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-