Kerala High Court
State Of Kerala vs Nair Service Society on 2 August, 2021
MFA No.54/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Monday, the 2nd day of August 2021 / 11th Sravana, 1943
IA.NO.2/2020 IN MFA NO. 54 OF 2020
OA 10/2009 OF THE KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE
LANDS) TRIBUNAL, PALAKKAD
APPLICANTS/APPELLANTS:
1. STATE OF KERALA- REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, TRIVANDRUM.
2. CUSTODIAN OF EFL LAND ACT & CCF (ECO AND WL) THE PRINCIPAL CHIEF
CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM,
RESPONDENT/APPLICANTS/SUPP. 3RD RESPONDENT:
1. NAIR SERVICE SOCIETY REPRESENTED BY ITS TREASURER, PERUNNA,
CHANGANESSERY, PIN - 686 102.
2. K.M.SAEENDRAN UNNI S/O.M.K.RAJA, "KRISHNA KRIPA", RAJAS COLONY,
MANNARKKAD, PALAKKAD - 678 582.
3. ADDL.R3 ATHRUMANKUTTY, AGED 72 YEARS, S/O.PILASSERY VEETIL AHAMMAD
HAJI, PILASSERY VEETIL, PULLAVOOR, NITC.P.O, CHATHAMANGALAM,
KOZHIKODE - 673 601.(ADDL.R3 IS IMPLEADED AS PER ORDER DATED
02.08.2021 IN IA 1/2021 IN MFA(F)54/2020
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and implementation of the Order dated 10.08.2018 in OA No.10/2009 on the
file of the Tribunal for the Kerala Forest(Vesting and Management of
Ecologically Fragile Lands) Tribunal, Palakkad, during the pendency of the
above appeal.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.NAGARAJ NARAYANAN, SPL. Government Pleader (FOREST) for the
applicants and of Sri.P.GOPAL, Advocate for Respondent No.1, M/s.SHYAM
PADMAN, C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, ASWATHI SHYAM and
HARISH ABRAHAM Advocates for the additional 3rd respondent, the court
passed the following:
P.T.O.
MFA No.54/2020 2/4
ANIL K. NARENDRAN & M.R. ANITHA, JJ.
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M.F.A. No.54 of 2020
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Dated this the 02nd day of August, 2021
ORDER
Anil K. Narendran, J.
C.M. Application No.1 of 2020
This is an application filed by the applicants, seeking an order to
condone the delay to 592 in filing the appeal.
Despite service of notice, none appears for the 2nd respondent.
The learned counsel for the 1 st respondent would submit that
considering the reasons stated in the affidavit filed in support of this
application, i.e., health condition of the Special Government Pleader
(Forests) arising out of cervical disc prolapse in the neck area, the 1 st
respondent has not filed any counter affidavit in this application.
Having considered the averments in the affidavit filed in support
of this application and also the submission made by the learned Special
Government Pleader for the appellant and also the learned counsel for
the 1st respondent, this Court finds that the appellants have made out
sufficient cause for condonation of the delay in filing this appeal.
In the above circumstances, the delay of 592 days in filing this
appeal is condoned.
I.A. No.1 of 2021
This is an application filed by the applicant herein, seeking an
order to implead him as additional 3 rd respondent. Paragraphs 1 and 2
MFA No.54/2020 3/4
M.F.A. No.54 of 2020
of the affidavit filed in support of this interlocutory application reads
thus;
"1. I am the bonafide purchaser of 11.87 shares in the total 33
shares which was decreed for partion as per common judgment
dated 30.11.1966 in O.S. No.65/1956 in the partition suit filed
by the members of 'Mannarghat Nair Veedu'. Initially, 41/5
shares were purchased by me during the pendency of Final
Decree Application No.1265/1973 in the above suit as per
Document No.656/2001 of SRO Agali. This is also evident from
the interim final decree passed by the Sub Court, Ottapalam on
21.11.2015. Later, 7.67 shares were also purchased from the 8
shares owned by other parties in the land as per Document
No.1308/2009, 1/2010 and 1056/2013 registered at SRO Agali.
Thus the entire shares of the 2 nd respondent in the above
appeal have been purchased by me.
2. However, when O.A. No.10/2009 was filed by the 1 st
respondent before the Kerala Forest (Vesting and Management
of Ecologically Fragile Lands) Tribunal, Palakkad, only the 2 nd
respondent was a party, besides the State and Custodian of
EFL Land. It is submitted that I have in my ownership and
possession 152.81 acres out of the total 424.83 acres in
dispute, besides ownership in another 53.89 acres in the total
extent of 149.76 acres, the possession of which was not
restored back to the share holders by the Forest Officials after
the proceedings in Kerala Private Forest (Vesting and
Assignment Act), 1971 was finally decided by the Apex Court
in favour of the share holders. As I step into the shoes of the
2nd respondent in the above appeal besides holding shares of
others as well in the property in dispute, I am a necessary
party in the above appeal."
Having considered the averments in the affidavit filed in
support of this interlocutory application and also the submissions
MFA No.54/2020 4/4
M.F.A. No.54 of 2020
made by the learned counsel on both sides, this interlocutory
application is allowed and the applicant is impleaded as additional 3 rd
respondent.
Registry to carry out necessary correction in the cause title.
M.F.A. No.54 of 2020
Admit.
Sri.Gopal Parameswara Paniker, the learned counsel takes
notice for the 1st respondent.
Despite receipt of consolidated notice, none appears for the 2 nd
respondent.
Sri.Shyam Padman, the learned counsel takes notice for the
additional 3rd respondent.
Call for LCR.
List on 04.08.2021.
I.A. No.2 of 2020
Parities are directed to maintained status quo, as it existed on
the date of impugned order, for a period of six months.
Sd/-
ANIL K. NARENDRAN
Judge
Sd/-
M.R. ANITHA
Judge
MIN
02-08-2021 /True Copy/ Assistant Registrar
