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) 1978 to initiate contempt of court proceedings against respondents for not giving effect to the Judgment in O.P. No. 4888 of 1993.

2. Petitioner herein was an applicant in O.A. 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 ½ 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 M.F.A. 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 O.P.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 M.F.A. 518 of 2002 and that of the apex court and the judgment in O.P. 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.

4. Smt. Suseela R. Bhat, Sr. Govt. Pleader (Forest) placed reliance on the Division Bench decision of this Court in Njyamavedi v. Union of India & others (2004 (1) K.L.J. 68) and submitted that neither the State Government nor the Forest Department have got the right to handover evergreen forest to the applicant in order to get over the contempt of court proceeding. Counsel also submitted that in the fight of the abovementioned Act this petition is liable to be dismissed. Counsel appearing for the petitioner Sri D. Krishna Prasad on the other hand contended that the land in question would not fall within the ambit of Act 21 of 2005 especially, when the procedure laid down in section 4 has not been complied with by the Government. Counsel further submitted that the Judgment was delivered by this Court as early as 1st August, 1996 and the Act came into force only with effect from 2nd June, 2000 and the Government have no explanation why the Judgment has not been given effect to from 1996 onwards. Counsel therefore submitted that appropriate action be taken for not complying with the Judgment.

5. Undisputedly the land in question is part of the vested forest and the applicant had claimed exemption from vesting under section 3(3) of Act 21 of 1971. Ext.R-1(a) is the details of the details of the land which fall under the EFL as per Kerala Forest Ecologically Fragile Land (Vesting & Management) Act, 2003. Survey conducted by the Forest Range Officer, Meppady, would show that all the boundaries of the land are covered by vested forests. The Forest Range Officer accordingly remarked as follows:

"The terrain of the area is very steep. It is an evergreen forest area with species like Vayanavu, Njaval, Punna, Pali, Chorapali, Plapatta, Cheeralam etc. having GBH up to 250 cm. The area is also having profuse regeneration of various evergreen species. Canes and reeds are also encounted in this area. This area is an enclave surrounded by evergreen