Kerala High Court
Vinunath vs State Of Kerala on 20 June, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
MFA (FOREST) NO. 5 OF 2024
AGAINST THE ORDER DATED 31.05.2024 IN I.A.NO.12 OF
2024 IN OA NO.12 OF 2018 OF FOREST TRIBUNAL, PALAKKAD
APPELLANTS:
1 VINUNATH, AGED 53 YEARS
S/O.SWAMINATHAN, MOOCHICKAL HOUSE,
VALLIKKODE AMSOM, MUTTIKULANGARA PALAKKAD
DISTRICT, PIN - 678594
2 VIPINNATH, AGED 48 YEARS
S/O.SWAMINATHAN, MOOCHICKAL HOUSE,
VALLIKKODE AMSOM, MUTTIKULANGARA PALAKKAD
DISTRICT, PIN - 678594
BY ADVS.
S.SUJIN
NITA.N.S.
T.N.GIRIJA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
DEPARTMENT OF FOREST AND WILD LIFE, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE CONSERVATOR AND CUSTODIAN OF ECOLOGICAL
FRAGILE LAND
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695001
2
MFA (FOREST) NO. 5 OF 2024
BY SRI. NAGARAJ NARAYANAN, SPECIAL GOVERNMENT
PLEADER (FOREST)
THIS MFA (FOREST) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MFA(FOREST) No.5 OF 2024 3
'C.R.'
JUDGMENT
Anil K. Narendran, J.
The appellants are applicants in O.A.No.12 of 2018 on the
file of the Kerala Forest (Vesting and Management of Ecologically
Fragile Lands) Tribunal, Palakkad, which was one filed invoking the
provisions of Sections 10(1)(a) and (b) of the Kerala Forests
(Vesting and Management of Ecologically Fragile Lands) Act, 2003,
read with Rule 7(1) of Kerala Forests (Vesting and Management of
Ecologically Fragile Lands) Rules, 2007, for a declaration that the
application schedule property is not coming under the definition of
ecologically fragile land and to issue necessary orders to the
respondents to change the revenue records in respect of that
property, in their names. The appellants are before this Court, in
this appeal filed under Section 11 of the said Act, challenging the
order dated 31.05.2024 of the Tribunal in I.A.No.12 of 2024. That
application was one filed by the applicants to frame a preliminary
issue as to whether the application schedule property will come
under the definition of Section 2(b)(i) of the Act and to hear the
same as a preliminary issue. That application ended in dismissal
by the impugned order dated 31.05.2024.
MFA (FOREST) NO. 5 OF 2024
2. On 18.06.2024, when this appeal came up for
admission, the learned Special Government Pleader (Forest)
raised the question of maintainability.
3. Heard the learned Senior Counsel for the appellants
and also the learned Special Government Pleader (Forest) for the
respondents.
4. Section 11 of the Kerala Forests (Vesting and
Management of Ecologically Fragile Lands) Act, 2003 deals with
appeal to the High Court. As per sub-section (1) of Section 11, the
Government or any person objecting to any decision of the
Tribunal may within a period of sixty days from the date of that
decision, appeal against such decision to the High Court. As per
the proviso to sub-section (1) of Section 11, the High Court may
admit an appeal preferred after the expiry of the period of sixty
days if it is satisfied that the appellant has sufficient cause for not
preferring the appeal within the aforesaid period.
5. Section 8A of the Kerala Private Forests (Vesting and
Assignment) Act, 1971 contains a provision for appeal to the High
Court from any decision of the Tribunal constituted under that Act.
As per sub-section (1) of Section 8A, the Government or any
person objecting to any decision of the Tribunal may, within a
period of sixty days from the date of that decision, appeal against
such decision to the High Court. As per the proviso to sub-section
(1) of Section 8A, the High Court may admit an appeal preferred
after the expiration of the period of sixty days aforesaid if it is
satisfied that the appellant has sufficient cause for not preferring
the appeal within the said period.
6. In the context of the provisions contained in Section 8A
of the Kerala Private Forests (Vesting and Assignment) Act, 1971,
a Division Bench of this Court held in Muhammadkutty v. Forest
Tribunal [1978 KLT 619] that only the decision adjudging the
claim made in the application filed under sub-section (1) of Section
8 is appealable under sub-section (1) of Section 8A of the Act and
not each and every order passed by the Tribunal in the course of
that proceedings leading up to that decision.
7. The law laid down by the Division Bench in
Muhammadkutty v. Forest Tribunal [1978 KLT 619] was
approved by a Full Bench of this Court in Varkey v. State of
Kerala [1980 KLT 632]. In view of the law laid down by the Full
Bench, the expression 'decision' used in sub-section (1) of Section
8A of the Kerala Private Forests (Vesting and Assignment) Act,
1971 connotes only the final decision rendered by the Tribunal in
the disputes made mention of in sub-section (1) of Section 8 of
MFA (FOREST) NO. 5 OF 2024
the Act and that orders which do not resolve or finally decide such
disputes are not appealable under sub-section (1) of Section 8A
of that Act.
8. A reading of the provisions under sub-section (1) of
Section 11 of the Kerala Forests (Vesting and Management of
Ecologically Fragile Lands) Act, 2003 would show that it is pari
materia to the provisions contained in sub-section (1) of Section
8A of the Kerala Private Forests (Vesting and Assignment) Act,
1971, dealt with by the Full Bench of this Court in Varkey [1980
KLT 632].
9. Therefore, conclusion is irresistible that the expression
'decision' used in sub-section (1) of Section 11 of the Kerala
Forests (Vesting and Management of Ecologically Fragile Lands)
Act, 2003 connotes only the final decision rendered by the Tribunal
in the disputes made mention in sub-section (1) of Section 10 of
the said Act and that orders of the Tribunal which do not resolve
or finally decide such disputes are not appealable under sub-
section (1) of Section 11 of that Act.
10. In such circumstances, the appellants who are the
applicants in O.A.No.12 of 2018 cannot invoke the appellate
jurisdiction of this Court sub-section (1) of Section 11 of the
Kerala Forests (Vesting and Management of Ecologically Fragile
Lands) Act, 2003, challenging the order dated 31.05.2024 of the
Tribunal in I.A.No.12 of 2024, whereby their request in that
application stands rejected, for the reason stated therein. If the
applicants are feeling aggrieved by that order, their remedy is to
challenge the same by invoking the supervisory jurisdiction of this
Court under Article 227 of the Constitution of India, on any
permissible grounds.
In the result, this appeal filed on 13.06.2024 fails on the
ground of maintainability and the same is accordingly dismissed
as not maintainable. The Registry to return the certified copy of
the order dated 31.05.2024 of the Tribunal to the learned
Instructing Counsel for the appellants.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
DCS
