[Cites 3, Cited by 0]
Kerala High Court
Amina Beevi vs State Of Kerala on 11 December, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:95606
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA,
1947
OP(FT) NO. 16 OF 2025
AGAINST THE ORDER DATED 18.02.2025 IN I.A.NO.369 OF 2021 IN
OA NO.1263 OF 1974 OF FOREST TRIBUNAL, KOZHIKODE
PETITIONER/APPLICANT:
AMINA BEEVI
AGED 59 YEARS
D/O VEERANKUTTY PATHIYARAPARAMBU HOUSE,
KINAVALLOOR AMSON, DESOM, PALAKKAD TALUK, PALAKAD,
PIN - 678612
BY ADVS.
SHRI.U.BALAGANGADHARAN
SHRI.S.M.UNNIKRISHNAN
SHRI.FAIQ SYED
SMT.NAMITHA GEORGE
SMT.STENEY K.A.
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, (FOREST AND WILD
LIFE), THIRUVANANTHAPURAM, PIN - 695001
2025:KER:95606
O.P.(FT) No.16 of 2025
-: 2 :-
2 THE CUSTODIAN OF VESTED FOREST,
ARANYA BHAVAN, FOREST COMPLEX OLAVAKKODE,
PALAKKAD, PIN - 678005
SRI. NAGARAJ NARAYANAN, SPL. GP, FOREST.
ADV.ARAVIND V. MATHEW, GP
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR HEARING ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:95606
SATHISH NINAN & P. KRISHNA KUMAR, JJ.
= = = = = = = = = = = = = = = = = =
O.P.(FT) No.16 of 2025
= = = = = = = = = = = = = = = = = =
Dated this the 11th day of December, 2025
JUDGMENT
Sathish Ninan, J.
The applications for correction filed under Sections
152 and 153 along with Order VI Rule 17 of the Code of Civil
Procedure were dismissed by the Tribunal. Challenging the
same, the applicant is before this Court.
2. O.A.No.1263 of 1974 was filed under the Kerala
Private Forests (Vesting and Assignment) Act, 1971 by the
petitioner's father. The original application was allowed by
the Tribunal as per the order dated 29.10.1976. The original
application described the property as situated in
R.Sy.No.81/2. The petitioner sought correction of the survey
number in the original application and the order as
R.Sy.No.82/1A. The Tribunal dismissed the applications
stating that such correction is not permissible in the light
2025:KER:95606
of Order VI Rule 17 of the Code of Civil Procedure and also
that there is no material to find that there is mistake in
the mentioning of the survey number.
3. We have heard Smt.Namitha George, the learned
counsel for the petitioner and Shri.Nagaraj Narayanan, the
learned Special Government Pleader (Forest) for the
respondents.
4. The applications were earlier dismissed by the
Tribunal as per order dated 16.10.2023 on two grounds, the
non-maintainability of an application under Section 152 of
the Code of Civil Procedure, and the right of the
petitioner, who was not the applicant in the original
application, to seek for correction. The said order was
challenged before this Court in O.P.(FT) No.1 of 2024. As
per the judgment dated 14.08.2024, this Court interfered
with both the reasonings given by the Tribunal. The locus
standi of the petitioner was upheld. Referring to the
judgment of this Court in Chandran v. Amruthavally [2016 (5) KHC
2025:KER:95606
444], the power of the court under Section 152 of the Code of
Civil Procedure to effect the correction in the nature as
sought, was also upheld. The applications were directed to
be reconsidered by the Tribunal. It is thereafter that the
present impugned order has been passed by the Tribunal.
5. As could be noticed, the Tribunal has again stated
that the court has no power in the light of Order VI Rule 17
of the Code of Civil Procedure to effect the correction. We
do not think that the question needs further discussion in
the light of the judgment of this Court dated 14.08.2024,
referred to supra and the judgment of this Court in
Chandran v. Amruthavally [2016 (5) KHC 444]. In the circumstance we
are compelled to reiterate the same. The finding of the
Tribunal is only to be set aside and we do so.
6. Now, coming to the merits of the applications, the
petitioner essentially seeks for substitution of Sy.No.81/2
with Sy.No.82/1A. The contention is that the mentioning of
Sy.No.81/2 was a mistake. We have been taken through the
2025:KER:95606
boundaries and the description of the property as obtained
in the schedule to the Order dated 29.10.1976, in
O.A.No.1263 of 1974. Ext.P2 is the purchase certificate
issued in respect of the property in favour of the
predecessor of the petitioner. The description of the
property as mentioned therein has also been brought to our
notice. It is seen that the boundaries and the other
descriptions, apart from the survey number of the property,
tally. In the purchase certificate, the survey number of the
property is mentioned as '82/1A' whereas in the original
application, it is mentioned as 81/2. Ext.P7 Commissioner's
report further fortifies the petitioner's contention that
the correct survey number of the property is '82/1A' and
that mentioning of Sy.No.81/2 is a mistake. Therefore, the
applications are only to be allowed.
7. Incidentally, we do also notice that the learned
counsel for the petitioner affirms before this Court that
the petitioner is not claiming and will not claim right over
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the property in Sy.No.81/2.
In the result, the original petition is allowed and the
order impugned is set aside. I.A.Nos.369 and 370 of 2021
will stand allowed. The Tribunal to carry out the amendments
forthwith and report to this Court.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
yd
2025:KER:95606
APPENDIX OF OP(FT) NO. 16 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER ISSUED BY
FOREST TRIBUNAL PALAKKAD DATED
29.10.1976 ALONG WITH TYPED COPY
Exhibit P2 A TRUE COPY OF PURCHASE CERTIFICATE
NO.786/1976 DATED 25.02.1976, ALONG WITH
TYPED COPY
Exhibit P3 A TRUE COPY OF THE DOCUMENT NO. 1821
DATED 13.8.1983
Exhibit P4 A TRUE COPY OF THE INTERLOCUTORY
APPLICATION NO. 369/2021 IN O.A
1263/1974 FILED BY THE PETITIONER'S
FATHER BEFORE THE FOREST TRIBUNAL ,
KOZHIKKODE DATED NIL OCTOBER 2021
Exhibit P5 A TRUE COPY OF THE INTERLOCUTORY
APPLICATION NO. 370/2021 IN O.A
1263/1974 FILED BY THE PETITIONER'S
FATHER BEFORE THE FOREST TRIBUNAL ,
KOZHIKKODE DATED NIL OCTOBER 2021
Exhibit P6 A TRUE COPY OF THE COMMON ORDER DATED
16.10.2023 IN I.A. NO 369/2021 & I.A.
NO. 370/2021 IN O.A 1263/1974 ISSUED BY
THE FOREST TRIBUNAL , KOZHIKKODE
Exhibit P7 A TRUE COPY OF THE COMMISSION REPORT
DATED NIL DECEMBER 2022 ALONG WITH WORK
MEMO IN O.A NO. 1263 OF 1974 ON THE
FILES OF THE FOREST TRIBUNAL, KOZHIKODE
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED
14.08.2024 IN OP (FT) 1/2024 BEFORE THE
HON'BLE HIGH COURT OF KERALA
Exhibit P9 A TRUE COPY OF THE COMMON ORDER DATED
18.02.2025 IN IA NO. 369/2021 AND IA NO.
370/2021 IN OA NO. 1263/1974 ON THE
FILES OF THE FOREST TRIBUNAL, KOZHIKODE
