IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 WP(C) NO. 21593 OF 2024 PETITIONER:

ASHRAF AGED 49 YEARS S/O LATE SAIDALAVI, PULLANICKEL HOUSE, MOPPAINAD, MEPPADI (PO), WAYANAD DISTRICT, PIN – 673 577 BY ADV.

M.V.HARIDAS MENON RESPONDENT(S):

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695 001

2 THE PRINCIPAL SECRETARY TO GOVERMENT DEPARTMENT OF FOREST & WILDLIFE, GOVERMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

3 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST (NORTHERN REGION)

THANA, KANNUR, KANNUR DISTRICT, PIN – 670 012

4 CUSTODIAN OF VESTED FOREST IN KERALA FOREST & WILDLIFE DEPARTMENT, ARANYA BHAVAN, OLAVAKKODE, PALAKKAD DISTRICT, PIN – 678 002

5 ASSISTANT DIRECTOR OFFICE OF THE FOREST MINI SURVEY, MATHOTTAM ROAD, ARAKKINAR (PO), KOZHIKODE, PIN – 673 028

6 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, SOUTH WAYANAD DIVISION, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673 121

7 FOREST RANGE OFFICER MEPPADI FOREST RANGE OFFICE, MEPPADI, WAYANAD DISTRICT, PIN – 673 577 SRI.T.P.SAJAN-(SPECIAL GOVERNMENT PLEADER-FOREST)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11th day of July, 2024.

This Writ Petition has been filed seeking for a direction to the respondents to complete the restoration process initiated by the 4^th respondent vide Ext.P1 letter in a time bound manner.

2. The petitioner is the owner of 11.37 acres of land situated in Re-Survey No.186/3 of Kottapady Village, Vythiri Taluk. The Kerala Forest Department found that the said land was vested with the Government as it is a Private Forest under the Kerala Private Forest (Vesting &

Assignment) Act, 1971.

3. Though the petitioner filed OA before the Forest Tribunal Kozhikode to declare that the said property is not vested with the Government under the Act, it was dismissed as per Ext.P2 order. The appeal preferred by the petitioner challenging Ext.P2 order before this Court was allowed as per Ext.P3 judgment and it was directed to restore the property to the petitioner. The said judgment has become final. Thereafter, as per Ext.P4 order dated 30^th October 2006, this Court directed the respondents to restore the possession of the land to the petitioner within two months. However, so far, restoration has not taken place. It is in these circumstances, the petitioner has approached this Court.

4. Having heard the learned counsel for the petitioner, Sri.M.V.H Menon and the learned Special Government Pleader (Forest), Sri.T.P.Sajan, this Writ Petition is disposed of with a direction to the respondents to complete the process of restoration and restore the land to the petitioner within a period of six months positively from the date of receipt of a copy of this judgment.

Sd/-

Dr.KAUSER EDAPPAGATH JUDGE JJ APPENDIX OF WP(C) 21593/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE REPLY LETTER NO. KFDEC/42/2024-

CCFEC/B6 (B6-9390/1995) DATED 18.04.2024 ISSUED BY THE

4TH RESPONDENT TO THE PETITIONER'S COUNSEL.

Exhibit P2 TRUE COPY OF THE ORDER DATED 27.05.1994 OF THE HON'BLE FOREST TRIBUNAL KOZHIKODE IN OA NO. 27 OF 1992 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18.09.2003 OF THIS HON'BLE COURT IN MFA NO. 1181 OF 1994.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 30.10.2006 OF THIS HON'BLE COURT IN W.P.(C) NO. 29900 OF 2004(H).

Exhibit P5 TRUE COPY OF THE ORDER DATED 20.12.2006 OF THIS HON'BLE COURT IN REVIEW PETITION NO. 1099/2006.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 10.02.2009 OF THIS HON'BLE COURT IN W.A. NO.2225/2006.

Exhibit P7 TRUE COPY OF THE ORDER DATED 13.12.2017 OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO. 8104/2011.

Exhibit P8 TRUE COPY OF THE DEATH CERTIFICATE DATED 24.02.2024 ISSUED BY THE KALPETTA MUNICIPALITY.

Exhibit P9 TRUE COPY OF THE LAWYER NOTICE DATED 05.04.2024 ISSUED TO