M.O. Kochukunju vs State Of Kerala
2023 Latest Caselaw 12554 Ker

Kerala High Court

M.O. Kochukunju vs State Of Kerala on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 38857 OF 2023


PETITIONER:

          M.O. KOCHUKUNJU, AGED 74 YEARS, S/O. UNNUNNI,
          MELVILAYATHU VEEDU, PAKKULAM, THAVALAM P.O.,
          ATTAPPADI TRIBAL TALUK (MANNARKKAD OLD),
          PALAKKAD DISTRICT, PIN - 678582

          BY ADV K.P.BALAGOPAL


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
          SECRETARY, FOREST AND WILDLIFE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     THE CUSTODIAN OF VESTED FORESTS,
          ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE,
          PALAKKAD, PIN - 678002


          SRI T P SAJAN-SPL GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 38857/23
                                         2



                               JUDGMENT

The petitioner says that, even though Ext.P1 judgment was

issued by the Forest Tribunal, Kozhikode, in O.A.No.6/2010 as early

as on 31.12.2013 and though the respondents have not taken any

steps to prefer any Appeal or contest against the same, they are

refusing to restore the lands ordered thereunder until now. He,

therefore, prays that the respondents be directed to abide by Ext.P1

judgment and restore the eligible lands to him, within a time frame

to be fixed by this Court.

2. Sri.T.P.Sajan - learned Special Government Pleader,

conceded that Ext.P1 has been issued as early as on 31.12.2013, but

argued that he is not aware whether it has been taken up in an

Appeal or through such other proceedings. He added that, therefore,

if this Court is inclined, the competent Authority is willing to hear

the petitioner, adverting to Ext.P1 and take a final decision relating

to the restoration of lands. He, however, prayed that, even if it is to

be found that the petitioner is entitled to be restored the lands, it

will require some time to be given effect to, on account of the

requirement for survey and such other. He, therefore, prayed that a

minimum of four months be granted for such purpose.

3. When I evaluate and consider the afore submissions, it is

without doubt that this Court need not enter into the merits of any

of the rival contentions because, if Ext.P1 has become final, the

competent Authorities are bound to act as per its terms and to

restore the eligible lands to the petitioner.

In the afore circumstances, I order this writ petition in the

following manner:

a) The 2nd respondent or such other competent Authority of

the Department of Forests will hear the petitioner, adverting to

Ext.P1 and issue an appropriate order relating to his claim for

restoration of land, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this judgment.

b) If, through the afore exercise, the lands claimed by the

petitioner or any portions thereof are found eligible to be restored to

him, necessary action for same - subject to all requirements in law

being satisfied - shall be completed, not later than four months

thereafter.

Sd/-

RR                 DEVAN RAMACHANDRAN
                         JUDGE



                 APPENDIX OF WP(C) 38857/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE ORDER DATED 31.12.2013 IN
                    O.A. NO. 6/2010 OF THE HON'BLE FOREST
                    TRIBUNAL, KOZHIKODE
Exhibit P2          TRUE COPY OF THE JUDGMENT DATED 23.1.2023
                    IN M.F.A.(FOREST) NO. 97 OF 2014 OF THIS
                    HON'BLE COURT
Exhibit P3          TRUE COPY OF THE REPRESENTATION DATED
                    6.3.2023 SUBMITTED BEFORE THE 2ND

RESPONDENT, CUSTODIAN OF VESTED FORESTS