IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33933 of 2009(J)
1. ANNAKUTTY, W/O.POOKOMBIL VACKACHAN,
... Petitioner
2. JOSEPH, S/O.POOKOMBIL VACKACHAN,
3. BABY @ MATHAI,
4. ANNAKUTTY @ MINI,
5. ROSAMMA, D/O.POOKOMBIL VACKACHAN,
6. THRESSIAMMA, D/O.POOKOMBIL VACKACHAN,
7. VARKEY @ BIJU,
8. ALIAMMA, D/O.POOKOMBIL VACKACHAN,
9. ALPHONSA, D/O.POOKOMBIL VACKACHAN,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR, KALPETTA,
3. THE PRINCIPAL CHIEF CONSERVATOR OF
4. THE DIVISIONAL FOREST OFFICER,
5. THE ASSISTANT DIRECTOR,
6. THE TAHSILDAR, SOUTH WAYANAD,
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.33933/2009-J
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Dated this the 4th day of January, 2010
J U D G M E N T
The petitioners herein seek for a direction to the
respondents to demarcate 2.40 acres of land allowed to the
petitioners’ predecessor in interest by this Court and
handover the legal possession thereof within a specified
time. The petitioners are the legal heirs of one Vakkachan
who owned 5 acres of land in Survey No.216 pt. of
Kottappadi Village in South Wayanad Taluk. The property
was notified under the Kerala Private Forests (Vesting &
Assignment) Act, 1971 and that led to the filing of
O.A.No.25/1981 by the deceased Vakachan before the Forest
Tribunal. His claim was allowed by the Forest Tribunal and
the matter was taken up in an appeal, M.F.A.No.438/1984, by
the Forest Department. It is averred that the Judgment in
appeal has become final. As regards the claim for
restoration, in the counter affidavit filed by the fourth
respondent, it is averred that the restoration will be
effected after due survey and demarcation by the fifth
respondent.
2. The learned Government Pleader appearing for the
respondents submitted that the fifth respondent may be
W.P.(C). No.33933/2009
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directed to survey and demarcate the disputed property and,
sufficient time may be granted to finalise the same.
3. Therefore, there will be a direction to the fifth
respondent to survey and demarcate the property, namely,
2.40 acres of land in Survey No.216 pt. which was the
subject matter of M.F.A.No.438/1984 (Ext.P2 Judgment)
within a period of three months from the date of receipt of
a copy of this Judgment and, accordingly, depending upon
the outcome further action will be taken for restoration of
the property.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms