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2026 Supreme(Online)(Ker) 21069
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
LAKSHMI V. K. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 16058 OF 2025
For the Appellants/Petitioners: SHRI.SASI M.R., SMT.N.P.SILPA, SMT.DHARMYA M.S, SMT.KAVYA KRISHNAN, SHRI.S.SAJIT SANAL, SMT. ARYA VALSAN, SHRI.THARANATH R.
For the Respondents: SPL.GP (FOREST)-SRI.T.P.SAJAN.
The court emphasizes compliance with a 1976 final order regarding land restoration, mandating timely enforcement.
Headnote:This judgment pertains to WP
(C) No. 16058 of 2025, where the petitioner contends that an order from 1976 declaring the property not a vested private forest has not resulted in restoration. The court directed the respondents to take necessary steps for restoration within specified timeframes, emphasizing compliance due to the finality of the earlier order. The court determined that the 3rd respondent must provide assistance to ensure the restoration is completed, underscoring the seriousness of non-compliance. Accordingly, the writ petition was allowed as above.
| Table of Content |
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| 1. court acknowledges prior judgment on property ownership. (Para 1) |
| 2. government agrees to restore property. (Para 2) |
| 3. court orders restoration timeframes. (Para 3) |
JUDGMENT
Way back in the year 1976, an Order of the Forest Tribunal declared that the petitioner’s property is not a vested private forest. However, the property has not been restored back till date, is the grievance. It is the contention of the petitioner that he was pursuing the matter by filing several applications, however, without fetching any result, thus far.
2. Learned Special Government Pleader (Forest) would confirm that the Order of the Forest Tribunal has attained finality in the year 1976. All what the learned Counsel seeks is four months’ time to restore the property back to the petitioner.
3. In the circumstances, the 3rd respondent will stand directed to render necessary assistance to the 2nd respondent to restore the property back to the petitioner. Measurement, if any, required shall be completed within a period of two months from the date of receipt of a copy of this judgment. The restoration, complete in all respects, shall be effected by the 2nd respondent within a period of four months from the date of receipt of a copy of this judgment. Any non-compliance of the above direction will be viewed seriously, in view of the fact that the Order of the Forest Tribunal had attained finality way back in 1976. The petitioner will produce the relationship certificate before the 2nd respondent, in case of death of the original claimant, as also, any of the subsequent legal heirs, so as to satisfy their claim over the property.
This Writ Petition is allowed as above.
