IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 7162 of 2011(U) ------------------------- PETITIONER(S): ----------------------- M/S. NILAMBUR RUBBER COMPANY LIMITED, P.O.BOX NO.1117, BEACH ROAD, CALICUT-673 032, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. CUSTODIAN OF VESTED FORESTS, (CONSERVATOR OF FORESTS), EASTERN CIRCLE, OLAVAKKODE, PALAKKAD-2. SPL.GOVT.PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 7162 OF 2011 ===================== Dated this the 25th day of March, 2011 J U D G M E N T Petitioner was an applicant in OA No.300/1976 before the Forest Tribunal, Manjeri. In that proceedings, Ext.P1 order dated 8/11/76 was passed upholding the claim of the petitioner for exemption of 25 cents of land from vesting under the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971. That order was confirmed in Ext.P2 judgment of this Court in MFA No.167/1977. However, in Civil Appeal No.1783/81 filed by the petitioner, the orders were set aside and the matter was remitted to the Forest Tribunal for fresh consideration. Accordingly, the matter was considered and by Ext.P4 order dated 8th of July, 1997, the Forest Tribunal again confirmed exemption to 25 cents of land as ordered in Ext.P1. Ext.P4 proceedings have become final and inspite of various requests made by the petitioner, the land has not been restored so far. It is complaining of the above, this writ petition is filed. 2. The only justification offered by the learned Government Pleader is that the delay has occurred for want of WPC No. 7162/11 :2 : completion of administrative formalities. 3. In my view, having regard to the fact that the petitioner's entitlement for exemption of 25 cents has become final, there is absolutely no justification for the delay in the matter of restoration of the land. Therefore, I direct that, on the production of a copy of this judgment, the 2nd respondent will ensure that the land in question is restored to the petitioner at any rate within 6 months thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp