KODIMATTOM MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking for a direction to the respondents to restore possession of 1.11 ares of land in R.S.No.117J/13 of Mangalam Village to the petitioner pursuant to Ext.P2 judgment of this court.

(2.) INITIALLY , the property was notified under the Kerala Private Forest (Vesting and Assignment)Act 1971 and the Forest Tribunal found it in favour of the parties. Thereafter, respondents filed application for review of order dated 16.7.1977 in O.A.No.736 of 1974 and it was allowed by the Tribunal. Appeal, M.F.A.No.745 of 1988, filed by applicant No.2 in O.A, Saidu Mohammed Rawther and the petitioner who is the assignee from him was allowed by this court by Ext.P2 judgment. Thereafter, the petitioner has been making repeated requests for restoration of the property and since action has not been finalised, this writ petition has been filed.

(3.) THIS court, by order dated 12.9.2012 directed the 3rd respondent to publish a notification in Mathruboomi daily, Palakkad edition inviting objection with regard to the claim of the petitioner and a report was directed to be filed before this court after the period stipulated for filing objection was over. Accordingly, the publication was taken out and a report dated 6.11.2012 has been filed before this court. In the report, it is stated in paragraph 2 that in compliance of the above order passed by this court, a notification was published in Mathruboomi daily, Palakkad edition on 17.10.2012 inviting objections with regard to the claim of the petitioner for restoration, giving 15 days' time. The above time limit was over by 2.11.2012. No legal heirs of Sri Saidu Mohammed Rawther turned up with any objection till 2.11.2012, the time limit fixed in the notification. In the light of the completion of the above procedure, respondents can take further action for restoration of the possession.