IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 28527 of 2008(U) -------------------------- PETITIONERS: --------------- P.V.SUNDARAN, S/O.VELAYUDHAN, RESIDING AT PARAKKALAM HOUSE, PEZHUMCODE, THOLANUR, NOCHUR P.O., PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE CUSTODIAN OF VESTED FORESTS, VESTED FORESTS CIRCLE, KOZHIKKODE. 2. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD. 3. THE ASSISTANT DIRECTOR OF MINI SURVEY, KOZHIKKODE. BY SPL. GOVT. PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28527 of 2008 -------------------------- Dated this the 22nd October, 2008 J U D G M E N T An extent of 1.93 acres of land in R.S No. of 233/1 of Tholanur amsom in Alathur Taluk was declared to be not vested in the Government under the Kerala Private Forests (Vesting & Assignment) Act, 1971, as per Exhibit P1 order. Exhibit P1 further contained a finding as regards the title of the petitioner to the property. Exhibit P1 was affirmed by a Bench of this Court as per Exhibit P2 judgment dated 29.8.1990 in MFA No No.515 of 1985. Petitioner’s grievance is that in spite of the same, the land scheduled to the Original Application has not been restored to the petitioner. Hence the writ petition. 2. A statement has been filed on behalf of 2nd respondent. Paragraph 3 of the said statement reads as follows: “The Assistant Director of Survey was requested to survey the area in OA 407/81 and send the survey sketch as per this office Letter No.A3-2351/08 dt. 7.5.2008, so as to inspect the W.P ( C) No.28527 of 2008 2 land with the sketch and examine the possibility of notifying the land under Kerala Forest (Vesting and management of Ecologically Fragile Lands, Act, 2003. The survey sketch has not been received yet. On getting the survey sketch, steps will be taken to submit necessary restoration proposals to the Government through the Conservator of Forests, Eastern Circle, Palakkad, if the land does not attract the provisions of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003”. 3. The aforementioned statement is recorded and the writ petition is disposed of directing the 3rd respondent to complete the process as mentioned in the statement, as early as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Subject to the conclusion to be arrived at on completion of the process as mentioned in the statement, the land scheduled to the O.A No.407/1981 shall be restored to the petitioner, without further delay. (V.GIRI,JUDGE) ma W.P ( C) No.28527 of 2008 3 W.P ( C) No.28527 of 2008 4