SREEDHARAN MENON O P Vs. K AMARNATH SHETTY

JUDGEMENT

(1.) Whether dismissal of an appeal preferred by the State against the declaration given by the Forest Tribunal, that the property is not a 'private forest' vested with the Government and the failure, if any, on the part of the Government / Department to restore possession, will by itself give rise to a cause of action to proceed against the respondent(s) / State by way of Contempt of Court, is the primary point to be considered in these cases.

(2.) COC (C) No. 1484 of 2005 has been filed by the petitioners alleging wilful disobedience in respect of non - implementation of the judgment dated 09/04/2003 passed by this Court in MFA 120 of 1998, whereas COC (Crl.) No. 2/2011 is in respect of the violation of the Undertaking given on 03/04/2006.

(3.) When COC (C) No. 1484 of 2005came up for consideration before this Court on 03/04/2006, the submission made on behalf of the respondent / s that steps were being pursued to hand over the actual physical possession of the property which required four months' time, was recorded and the matter was closed on that day. Alleging violation of the said undertaking, IA No. 3515 of 2006 was filed by the beneficiaries, which was closed on 18/09/2006, on the basis of the contents of the letter dated 15/09/2006 issued by the Secretary to the Government addressed to the Custodian of Vested Forests, Olavakkod, Palakkad and the submission made by the learned Government Pleader reporting compliance. Later, IA 3573 of 2006 was filed by the beneficiaries pointing out that the compliance reported on 18/09/2006 (referring to the letter dated 15/09/2006) was not actually correct, as the property intended to be restored was only an abysmally low extent, thus seeking to re - open the contempt proceedings.