L. RADHAKRISHNAN Vs. PARAKULANGARA DEVASWOM

JUDGEMENT

(1.) Civil Appeal No. 2964 of 2011 is filed against the Judgment dated 23.06.2006 passed in Writ Appeal No. 457 of 2000 and Civil Appeal No. 2934 of 2011 is filed against the order dated 17.10.2007 passed in Contempt Case (C) No. 1195 of 2007. The issue pertains to the claim made by the respondents that they are entitled to restoration of their land, which was declined by the State as an ecologically fragile land.

(2.) The short Judgment in the writ appeal did not go into any disputed contentions but merely made an observation that the Judgment impugned before the Division Bench for restoration of the land would be given effect to, subject to the right of the State that may be available to it under the provisions of The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (in short, "the Act"). Whereas in the order dated 17.10.2007, the Division Bench entered a categorical finding that in having declined to restore the land, the appellants have committed contempt of court and hence, decided to frame charge accordingly. It was at that stage Civil Appeal No. 2934 of 2011 was filed.

(3.) We have heard Mr. Pallav Shishodia, learned senior counsel appearing for the appellants, and Dr.Mathew Kuzhalnadan, learned counsel appearing for the respondents.