A K BALAN Vs. P K KESAVAN

JUDGEMENT

(1.) This is a petition filed under Sections 10, 11 & 12 of the Contempt of Court Act 1971 and Contempt of Court Rules (High Court of Kerala) 1971 to initiate contempt of court proceedings against respondents for not giving effect to the judgment in OP. No. 4888 of 1993.

(2.) Petitioner herein was an applicant in OA. 348 of 1981 before Forest Tribunal, Kozhikode which was subsequently transferred to Forest Tribunal, Palakkad and numbered as O.A. 2 of 1991. The Forest Tribunal, Palakkad vide its order dated 29-6-1991 allowed the petition in part and ordered that the petitioner is entitled to get restoration of 7 1/2 acres of land in R.S. 1226 pt. (new Sy. No. B1.32 sy.260 pt.). The order was challenged before this Court by the State in MFA. 518 of 2002 which was dismissed on 20-12-2002, against which State preferred C.A. No. 22227-28/2003 before the Apex Court, which was dismissed on 5-12-2003.

(3.) Petitioner then submitted several applications for restoration of the land as ordered by the Forest Tribunal which was confirmed by this Court. After the disposal of OP. 4888 of 1993 directing the respondents to restore possession it is seen that the area in question was demarcated and a sketch was prepared and a report was submitted before the Government for finalisation. Meanwhile the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003, Act 21 of 2005 was enacted. Respondents have taken up the stand that in view of the coming into force of the above mentioned Act, the land in question for which restoration is sought for, is an ecologically fragile land and consequently the same stood vested in the Government in view of Section 3 of the Act and hence the order of the Tribunal as well as the judgment of this Court in MFA. 518 of 2002 and that of the apex court and the judgment in OP. No. 4888 of 1993 cannot be enforced. Under such circumstance it was pointed out no contempt of court proceedings can be initiated based on the judgment which is unenforceable in the eye of law.