M V RAMADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners submits that, on the implementation of the Kerala Private Forest (Vesting and Assignment) Act, 1971, property having an extent of 1 acre, 2 acres, 3 acres and 1 acre belonging to the 1st, 2nd, 3rd and 4th petitioners respectively, were treated as vested forest. THEy moved the Forest Tribunal, constituted under Section 3(2) of the Act, by filing applications under Section 8 of the Act. Applications were numbered as O.A.Nos.782/75, 783/75, 555/76 and 556/76. THE first two O.A. were allowed by Ext.P1 order dated 20.9.1978 and O.A.Nos.555/76 and 556/76, were allowed by Ext.P2 order dated 15.6.1979. THEre was no appeal or other proceedings, thereafter and the Tribunal's order attained finality and the law should have been restored immediately. According to the learned Government Pleader, the land has already been surveyed and demarcated also. Despite all the above, the land is not restored and the learned Government Pleader submits that, the proposal for restoration is forwarded to the Government and order is awaited.

(2.) IN my view, whether there is an order for restoration or not, having regard to the finality that Exts.P1 and P2, orders passed by the Tribunal have attained, the respondents are bound to restore the land. Despite the above, it can be seen that even as on date, it has not been done and there is absolutely no justification. Therefore, it is directed that, irrespective of whether any order has been passed by the 1st respondent or not, the land mentioned in Exts.P1 and P2, shall be restored to the petitioners, within 2 months from today. It is made clear that, it will be the responsibility of the 3rd respondent to ensure that this judgment is complied with or else, he will have to face the consequences. Writ petition is disposed of as above.