Kerala High Court
Sreedevi vs State Of Kerala on 7 February, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:10179
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
OP(FT) NO. 28 OF 2024
AGAINST THE ORDER DATED 08.11.2024 IN OA NO.37 OF
2019 OF FOREST TRIBUNAL, KOZHIKODE
PETITIONER/PETITIONER IN I.A.NO.185 OF 2023/APPLICANT IN
O.A.NO.37/2019:
SREEDEVI
AGED 74 YEARS, D/O VELAYUDHAN,
MUTTIYAMKAD VEED, KANHIKULAM POST, KALLADIKODE,
PALAKKAD,, PIN - 678596
BY ADVS.
SARATH M.S.
B.PREMNATH (E)
RESPONDENTS/RESPONDENTS IN I.A.No.185 OF 2023/RESPONDENTS
IN O.A.No.37/2019:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY (FOREST &
WILDLIFE), GOVERNMENT OF KERALA,
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OP(FT) NO. 28 OF 2024
2
THIRUVANANTHAPURAM, PIN - 695001
2 THE CUSTODIAN OF VESTED FORESTS
ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE,
PALAKKAD, PIN - 678002
THIS OP (FOREST TRIBUNAL) HAVING BEEN FINALLY HEARD
ON 07.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(FT) NO. 28 OF 2024
3
SATHISH NINAN &
SHOBA ANNAMMA EAPEN, JJ.
= = = = = = = = = = = = = = = = = =
OP(FT) 28 of 2024
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Dated this the 7th day of February, 2025
J U D G M E N T
SATHISH NINAN, J
Order of the Tribunal refusing to remit the
Commissioner's report and plan, is under challenge in
this original petition.
2. The Original Application filed before the
Tribunal is one under the Kerala Private Forest (Vesting
and Assignment) Act, 1971. Presently, the issue relates
to the identification of the properties involved.
3. We have heard Sri. Sarath M.S. the
learned Counsel for the appellant, and Sri. Nagaraj
Narayanan, the learned Special Government Pleader.
4. Initially, the Original Application
related to properties in four Survey Numbers - 230/2A,
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OP(FT) NO. 28 OF 2024
230/3B, 230/6 and 230/7 respectively. The Original
Application was subsequently amended whereby, from the
schedule description Survey No.230/7 was deleted and
Survey No.230/5 was included. Later the schedule was
further amended by the applicants by including Survey
Nos.230/1 and 230/4. Thus as per the amended Original
Application as it stands, the properties involved are in
Survey Nos.230/1, 230/2A, 230/3B, 230/4, 230/5 and
230/6. The question is whether the properties as claimed
have been identified or not.
5. The learned Special Government Pleader
submits that Survey No.230/1 is in fact not even
included in the VFC notification. He also points out
that, with regard to the properties in Survey Nos.230/2A
and 230/3B, there was an earlier proceeding in
O.A.No.1430/1974, which was allowed in favour of the
applicants and restoration proceedings are going on.
The learned Special Government Pleader further submits
that there has been a survey sub-division pending the
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OP(FT) NO. 28 OF 2024
proceedings and that the vested forest in each sub-
division has been specifically shown.
6. Considering the entire facts as above, we
are of the opinion that, it is appropriate that a fresh
Commission being issued to have the properties as
described in the schedule to the Original Application,
as amended, be identified afresh with reference to the
Vested Forest Periphery sketch.
Accordingly, the Original Petition is allowed.
The impugned order is set aside. The Tribunal shall
issue fresh Commission to identify the properties, as
indicated in this judgment. It shall be open for both
the petitioner and the respondent to file work memos
before the Commissioner.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
2025:KER:10179
OP(FT) NO. 28 OF 2024
APPENDIX OF OP(FT) 28/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE O.A. NO.37/2019 FILED
BY THE PETITIONER DATED 10.6.2019 ON
THE FILE OF FOREST TRIBUNAL, KOZHIKODE
Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT IN
O.A. NO.37/2019 DATED 19.8.2020 ON THE
FILE OF FOREST TRIBUNAL, KOZHIKODE
Exhibit P3 TRUE COPY OF THE I.A. NO.184/2023 IN
O.A. NO.37/2019 DATED 6.11.2023 FILED
BY THE PETITIONER ON THE FILE OF FOREST
TRIBUNAL, KOZHIKODE
Exhibit P4 TRUE COPY OF THE I.A. NO.185/2023 IN
O.A. NO.37/2019 DATED 6.11.2023 ON THE
FILE OF FOREST TRIBUNAL, KOZHIKODE
FILED BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE COUNTER OF THE
RESPONDENTS IN I.A. NO.184/2023 IN O.A.
NO.37/2019 ON THE FILE OF FOREST
TRIBUNAL, KOZHIKODE DATED 10.11.2023
Exhibit P6 TRUE COPY OF THE COUNTER OF THE
RESPONDENTS IN I.A. NO.185/2023 IN O.A.
NO.37/2019 ON THE FILE OF FOREST
TRIBUNAL, KOZHIKODE DATED 13.11.2023
Exhibit P7 TRUE COPY OF THE ORDER DATED 9.1.2024
IN I.A. NO.184/2023 AND I.A.
NO.185/2023 IN O.A. NO.37/2019 OF THE
FOREST TRIBUNAL, KOZHIKODE
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OP(FT) NO. 28 OF 2024
Exhibit P8 TRUE COPY OF THE ADDITIONAL COUNTER IN
O.A. NO.37/2019 ON THE FILE OF FOREST
TRIBUNAL, KOZHIKODE DATED 17.8.2023
Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE
COMMISSION REPORT OF THE ADVOCATE
COMMISSIONER SUBMITTED IN O.A.
NO.37/2019 ON THE FILE OF FOREST
TRIBUNAL, KOZHIKODE DATED 16.9.2020
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
22.3.2024 IN O.P.(FT) NO.5/2024 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE
DEPOSITION OF THE ADVOCATE COMMISSIONER
APPOINTED IN O.A. NO.37/2019 ON THE
FILE OF FOREST TRIBUNAL, KOZHIKODE
Exhibit P12 TRUE COPY OF THE ORDER DATED 29.6.2024
IN I.A. NO.185/2023 IN O.A. NO.37/2019
OF THE FOREST TRIBUNAL, KOZHIKODE
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED
23.8.2024 IN O.P.(FT) NO.14/2024 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P14 CERTIFIED COPY OF THE ORDER IN I.A.
NO.185/2023 IN O.A. NO.37/2019 OF THE
FOREST TRIBUNAL, KOZHIKODE DATED
8.11.2024
