Kerala High Court
Jyothi Mariam John vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 41178 OF 2022
PETITIONER:
JYOTHI MARIAM JOHN,
D/O JOHN, VAALLAKUZHY KOTHAPLACKIL,
ANIKKAD, TIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT PIN - 689585.
BY ADVS.
SRI.P.JAYARAM
SRI.K.R.PAUL
SRI.ARJUN P.P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF FOREST AND WILD LIFE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2 PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
FOREST HEADQUARTERS, VAZHUTHAKAD,
THIRUVANANTHAPURAM 695014.
3 THE CHIEF FOREST CONSERVATOR,
EASTERN CIRCLE, OLAVAKODE,
PALAKKAD DISTRICT- 678002.
4 DIVISIONAL FOREST OFFICER,
ATHIRA NAGAR, PUTHUPPARIYARAM
PALAKKAD 678009.
SRI.T.P.SAJAN, SPL.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41178 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No. 41178 of 2022
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Dated this the 18th day of January, 2023
JUDGMENT
The prayer in the writ petition is for restoration of lands
which had been notified to be vested in the Government under
the provisions of the Kerala Private Forests (Vesting &
Assignment) Act, 1971. After several litigations, it has finally
been held that the land is not vested in the Government and is
liable to be restored to the petitioner. The petitioner had earlier
approached this Court in WPC No.26886/2017, which was
disposed of by judgment dated 12.01.2018 directing the
Assistant Director of Survey, Kozhikode to complete the survey
within four months from the date of receipt of a copy of the
judgment and with a further direction to the Divisional Forest
Officer to take urgent and immediate action to restore the land
without any further delay at any rate within two months from the
completion of the survey. The said six months expired as early
as in August 2018. A further period of more than four years have
WP(C) NO. 41178 OF 2022
gone by. Even now the petitioner is not restored possession of
the property.
2. A statement has been filed by the 4th respondent as
directed by this Court, wherein it is stated that steps for
restoration are progressing and the Additional Principal Chief
Conservator of Forests had submitted the restoration proposal to
the Principal Secretary, Forests and Wild Life Department for
approval in March 2022. Annexure R4(b) is produced evidencing
the above fact.
3. Even after the said letter, almost one year has gone by
and still no action has been taken. It is unfortunate that a
Government, elected by the people, is holding on to land of
private individuals without any justification for so long, despite
orders issued by the Court. The Special Government Pleader, on
instructions, requests for a further period of three months to
complete the process of getting approval of the Government. It
would not be out of place to remind the respondents about
Section 8(3) of the Kerala Private Forests (Vesting & Assignment)
Act, 1971, which reads thus:
WP(C) NO. 41178 OF 2022
"8. Settlement of disputes - (1) Where any dispute arises as to
whether -
(a) any land is a private forest or not; or
(b) any private forest or portion thereof has vested in
the Government or not, the person who claims that the
land is not a private forest or that the private forest has
not vested in the Government, [may, within such period as
may be prescribed, apply to the Tribunal] for decision of
the dispute.
(2) Any application under sub-section (1) shall be in such form
as may be prescribed.
(3) If the Tribunal decides that any land is not a private forest
or that a private forest or portion thereof has not vested in
the Government and-
(a) no appeal has been preferred against the decision of
the Tribunal within the period specified therefor; or
(b) such appeal having been preferred has been
dismissed by the High Court, the custodian shall, as
soon as may be after the expiry of the period
referred to in clause (a) or, as the case may be, after
the date of the order of the High Court dismissing
the appeal, restore possession of such land or
private forest or portion, as the case may be, to the
person in possession thereof immediately before the
appointed day." (emphasis supplied)
The statute casts a duty to restore possession. The authorities
should not even be waiting for the claimant to approach them or
WP(C) NO. 41178 OF 2022
this Court for directions to restore. The lackadaisical approach of
the Officers is necessarily to be condemned. However, the Court
is aware that no such condemnation will be of any avail to the
litigant before the Court, so long as the land is not as a matter of
fact restored to him. The Court is hence refraining from making
any further comments on the issue.
The writ petition is disposed of directing the 4 th respondent
to restore possession of the property at the earliest, at any rate,
within one month from today. It is upto the 4 th respondent to
impress upon the 1st respondent the necessity to speed up the
matter and get orders on the approval of the proposal that is said
to have been submitted in March, 2022.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 41178 OF 2022
APPENDIX OF WP(C) 41178/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 24/3/1975 IN
OA NO.519/1974, OA NO. 520/1974, OA
521/1974, OA NO.522/1974 ON THE FILES OF
DISTRICT JUDGE/FOREST TRIBUNAL, PALAKKAD.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 9/1/1981
IN MFA NO.10/1978, HIGH COURT OF KERALA.
Exhibit P3 TRUE COPY OF THE ORDER DATED 14/7/1992 IN
CMP NO.270/1984 IN MFA NO.10/1978, HIGH
COURT OF KERALA.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 12/1/2018
IN WPC NO. 26886/2017, HIGH COURT OF
KERALA.
RESPONDENTS' ANNEXURES
ANNEXURE R4(A) TRUE COPY OF THE LETTER NO. B4-7290/2017
DATED 24.2.2022 OF CCF EASTERN CIRCLE
OLAVAKKODE
ANNEXURE R4(B) TRUE COPY OF THE LETTER NO.
KFDFLR/72/2022-B2 DATED /03/2022
SUBMITTED BY ADDITIONAL PRINCIPAL CHIEF
FOREST CONSERVATOR.
