Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE23D DAY OF SEPTEMBER20131ST ASWINA, 1935 WP(C).No. 20111 of 2013 (L) ---------------------------- PETITIONER : ------------- YUSUF, S/O.VELLAKKUTTU RAWTHAR, PEZHUMKOTTIL HOUSE, THOLANUR AMSOM.P.O., THOLANUR VILLAGE, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.P.BABU KUMAR RESPONDENTS : -------------- 1. CHIEF CONSERVATOR OF FOREST & CUSTODIAN OF VESTED FOREST, EASTERN CIRCLE, OLAVAKKODE - 678 002.
2. DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD - 678 508.
3. FOREST RANGE OFFICER, ALATHUR RANGE, ANAKKAPARA, PALAKKAD - 686 633.
4. ASSISTANT DIRECTOR, FOREST MINI SURVEY, KOZHIKODE - 6. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2309-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 20111 of 2013 (L) ---------------------------- APPENDIX PETITIONER'S EXHIBITS : ---------------------- P1- PHOTOCOPY OF THE ORDER
IN O.A.NO.91/1975 PASSED BY THE FOREST TRIBUNAL, PALAKKAD DTD. 3.6.1977. P2- PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE O.A. BEFORE THE2D RESPONDENT DATED1412.1992. P3- PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE2D RESPONDENT DATED231.2007. P4- PHOTOCOPY OF THE LETTER ISSUED BY THE2D RESPONDENT TO THE4H RESPONDENT DATED306.2009. P5(A)- PHOTOCOPY OF THE SKETCH IN PROPERTY IN OA NO.91/75 DATED256.2008. P5(B)- PHOTOCOPY OF THE SKETCH IN PROPERTY IN OA NO.91/75 DATED256.2008. P5(C)- PHOTOCOPY OF THE SKETCH IN PROPERTY IN OA NO.91/75 DATED256.2008. RESPONDENTS' EXHIBITS : NIL ------------------------ TRUE COPY PA TO JUDGE RKM P.R.RAMACHANDRA MENON, J.
------------------------- W.P. (C) No.20111 of 2013 -------------------------- Dated this the 23rd day of September, 2013
JUDGMENT
The petitioner has approached this Court seeking for a direction to be given to the respondents to restore the physical possession of the property covered by 'Ext.P1' within a time frame. The sequence of events as narrated by the petitioner shows that the property involved in this writ petition was the subject matter in O.A.91/75, wherein, Ext.P1 order was passed by the Forest Tribunal on 3.6.1977. It is stated that, Ext.P1 verdict has become final and in spite of the finalisation of the proceedings as above, the possession of the property is still to be restored and hence this writ petition.
2. The learned counsel for the petitioner submits that, the petitioner had approached the concerned respondent by filing applications at different points of time, as borne by Exts.P2 and P3, also producing the requisite materials, to have the grievance redressed. But no positive action has been taken by the respondents, which made the petitioner to approach this Court by filing this writ petition. W.P. (C) No.20111 of 2013 2 3. The learned Special Government Pleader submits with reference to the statement filed before this Court that, earnest efforts are being taken to finalise the proceedings, so as to effect restoration of the property covered by Ext.P1. The Government Pleader also points out that the age old records have to be traced out and various procedures and requirements have to be completed in this regard. The respondents have sought for six months' time to complete the proceedings, so as to settle the issue once and for all.
4. After hearing both the sides and also considering the particular facts and circumstances, this writ petition is disposed of, directing the respondents to take all further necessary steps to complete the proceedings and to effect the restoration of the property covered by Ext.P1 to the petitioner. This shall be done as expeditiously as possible, at any rate, within a period of 'four months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondents for compliance. Sd/- P.R. RAMACHANDRA MENON JUDGE ma /True copy/ P.A to Judge