Kerala High Court
The State Of Kerala Rep. By The Chief ... vs Sameer Mottammel on 11 February, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:10975
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
OP(FT) NO. 25 OF 2024
AGAINST THE ORDER DATED 09.07.2024 IN I.A.NO.1 OF 2024 IN OA
NO.2 OF 2022 OF ADDITIONAL DISTRICT COURT, KOZHIKODE
PETITIONERS/RESPONDENTS/RESPONDENT:
1 STATE OF KERALA REP.BY CHIEF SECRETARY,
GOVERNMENT OF KERALA , THIRUVANANTHAPURAM G.P.O,
PIN - 695001
2 THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND VESTED
IN GOVERNMENT (THE PRINCIPAL OF CHIEF CONSERVATOR
OF FOREST) FOREST HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM-, PIN - 695014
3 THE DISTRICT FOREST OFFICER,
WAYANAD FOREST, KALPETTA P.O WAYANAD,, PIN -
673121
BY ADV.NAGARAJ NARAYANAN, SPL.GP (FOREST)
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O.P.(FT) No.25, 26, 27 and 29 of 2024
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RESPONDENT/PETITIONER/APPLICANT:
SUHAIB MOTTAMMEL,
S/O. YOUSAF, AGED 45 YEARS, RESIDING ATSAFIYA
MANZIL PULLUR VILLAGE, MAHI MUNSIPALITY, P.O.
CHOKLI, PULLUR VILLAGE, PONDICHERI STATE,
PIN - 670672
BY ADV ADV.EDAMANA NARAYANAN .
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR HEARING ON
11.02.2025, ALONG WITH OP(FT).26/2024, 27/2024 AND
29/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA,
1946
OP(FT) NO. 26 OF 2024
AGAINST THE ORDER DATED 09.07.2024 IN I.A.NO.1 OF 2024
IN OA NO.3 OF 2022 OF TRIBUNAL FOR ECOLOGICALLY FRAGILE
LANDS CASES, KOZHIKODE.
PETITIONERS/RESPONDENTS/RESPONDENT:
1 STATE OF KERALA REP.BY CHIEF SECRETARY
GOVERNMENT OF KERALA , THIRUVANANTHAPURAM,
PIN - 695001
2 THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND
VESTED IN GOVERNMENT,
(THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS)
FOREST HEAD QUARTERS, VAZHUTHAKKAD, THYCAUD
P.O.THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT FOREST OFFICER
WAYANAD FOREST, KALPETTA P.O WAYANAD,
PIN - 673121
BY ADV.NAGARAJ NARAYANAN, SPL.GP (FOREST)
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RESPONDENT/PETITIONER/APPLICANT:
MARSHIDA M,
AGED 35 YEARS
W/O. SAMEER MOTTAMMEL , RESIDING AT ABIDAS,
PULLUR VILLAGE, MAHI MUNSIPALITY, P.O. NEW
MAHI, PULLUR VILLAGE, PONDICHERI STATE, PIN -
670672
BY ADV ADV.EDAMANA NARAYANAN .
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR HEARING ON
11.02.2025, ALONG WITH OP(FT).25/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
-: 5 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA,
1946
OP(FT) NO. 27 OF 2024
AGAINST THE ORDER DATED 09.07.2024 IN I.A.NO.1 OF 2024
IN OA NO.6 OF 2022 OF ADDITIONAL DISTRICT COURT,
KOZHIKODE
PETITIONERS/RESPONDENTS/RESPONDENT:
1 THE STATE OF KERALA REP. BY THE CHIEF
SECRETARY, GOVERNMENT OF KERALA
THIRUVANANTHAPURAM, PIN - 695001
2 THE CUSTODIAN OF ECOLOGÍCALLY FRAGILE LAND
VESTED IN GOVERNMENT
(THE PRINCIPAL OF CHIEF CONSERVATOR OF FOREST)
FOREST HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM-1., PIN - 695001
3 THE DISTRICT FOREST OFFICER
WAYANAD FOREST, KALPETTA WAYANAD, PIN - 673121
BY ADVS.NAGARAJ NARAYANAN, SPL.GP (FOREST)
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-: 6 :-
RESPONDENT/PETITIONER/APPLICANT:
SAMEER MOTTAMMEL
AGED 43 YEARS
S/O. ASSU, RESIDING AT SHAHIDA MANZIL PULLUR
VILLAGE, MAHI MUNSIPALITY, P.O. CHOKLI,
PONDICHERI STATE, PIN - 670672
BY ADV ADV.EDAMANA NARAYANAN .
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR HEARING ON
11.02.2025, ALONG WITH OP(FT).25/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
-: 7 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA,
1946
OP(FT) NO. 29 OF 2024
AGAINST THE ORDER DATED 09.07.2024 IN I.A.NO.1 OF 2024
IN OA NO.5 OF 2022 OF ADDITIONAL DISTRICT COURT
KOZHIKODE- II
PETITIONERS/RESPONDENTS/RESPONDENT:
1 THE STATE OF KERALA
REP. BY THE CHIEF SECRETARY GOVERNMENT OF
KERALA THIRUVANANTHAPURAM, PIN - 695001
2 THE CUSTODIAN OF ECOLOGICALLY FRAGILE LAND
VESTED IN GOVERNMENT
(THE PRINCIPAL OF CHIEF CONSERVATOR OF FOREST)
FOREST HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANARNTHAPURAM, PIN - 695001
3 THE DISTRICT FOREST OFFICER
WAYANAD FOREST, KALPETTA WAYANAD, PIN - 673121
BY ADV.NAGARAJ NARAYANAN, SPL.GP (FOREST)
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-: 8 :-
RESPONDENT/PETITIONER/APPLICANT:
ASKAR T.M
S/O. ASSU, AGED 41 YEARS, RESIDING AT SHAHIDA
MANZIL, PULLUR VILLAGE, MAHI MUNSIPALITY, P.O.
CHOKLI, PONDICHERI STATE, PIN - 670672
BY ADV ADV.EDAMANA NARAYANAN .
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR HEARING ON
11.02.2025, ALONG WITH OP(FT).25/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:10975
SATHISH NINAN & SHOBA ANNAMMA EAPEN, JJ.
= = = = = = = = = = = = = = = = = =
O.P.(FT) No.25, 26, 27 and 29 of 2024
= = = = = = = = = = = = = = = = = =
Dated this the 11th day of January, 2025
JUDGMENT
Sathish Ninan, J.
In these original petitions, the State challenges
the interim orders passed by the Forest Tribunal in the
Original Applications under the Kerala Forest (Vesting
and Management of Ecologically Fragile Lands) Act, 2003
(EFL Act), permitting the respective applicants to
repair the existing road leading to the application
schedule properties.
2. The respective respondents herein are the
petitioners in the respective Original Applications
before the Forest Tribunal, claiming exemption from
vesting under the EFL Act. Pending the Original
Applications, on the interlocutory applications filed by
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O.P.(FT) No.25, 26, 27 and 29 of 2024
the respective applicants, the Tribunal passed orders,
the operative portion which are verbatim in all these
matters, reads thus;
"In the result, all these applications are allowed and the petitioners
are permitted to repair the existing road which is being used as
ingress and egress to the petition schedule properties under the
supervision of Advocate Commissioner already appointed. They
should give advance notice to the respondents before carrying out
the work so as to enable them to be present at the time of the work.
The petitioners are further directed not to make any concrete work or
like work in permanent nature which would alter the physical
features of the property........"
3. We have heard Shri.Nagaraj Narayanan, the
learned Special Government Pleader (Forest) on behalf of
the State and Shri.E. Narayanan, the learned counsel on
behalf of the respondents.
4. The present impugned orders have been passed
by the Tribunal permitting the respective applicants to
repair the existing road leading to the application
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O.P.(FT) No.25, 26, 27 and 29 of 2024
schedule properties. The Tribunal had earlier permitted
the respective applicants to conduct the agricultural
operations in the application schedule properties in the
manner as indicated therein. The directions in the said
orders, insofar as it related to the permission granted
for removing of undergrowth has been kept in abeyance by
this Court as per the judgment passed today in O.P.(FT)
No.19 of 2024 and connected matters.
5. To seek for permission to repair the road, the
claim of the respective applicants was that, because of
the bad road conditions workers are finding it difficult
to take manures to the properties and to transport
yields.
6. In the judgment in O.P.(FT) Nos.19 of 2024 and
connected matters, this Court has kept in abeyance only
that part of the order of the Tribunal permitting
removal of undergrowth. The remaining part of the order
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
permitting collection of yields has not been interfered
with. To facilitate the same, the respective applicants
could be permitted to make necessary repairs to the
existing road but, strictly complying with the
restrictions imposed by the Tribunal in the order.
7. The learned Special Government Pleader points
out that, taking of the advantage of the order
permitting repair of the road, the applicants were
attempting to use machinery like JCB and Hitachi. It is
admitted that, the Tribunal has, as per the order dated
16.12.2024, clarified that such machinery cannot be
used.
8. All that the Tribunal has permitted is, to do
the very necessary acts to repair the existing road.
While we are refraining from interfering with the
impugned orders, we clarify that all the restrictions as
imposed by the Tribunal in the impugned and subsequent
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O.P.(FT) No.25, 26, 27 and 29 of 2024
orders shall be strictly adhered to by the respective
applicants.
The original petitions are disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
yd
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O.P.(FT) No.25, 26, 27 and 29 of 2024
APPENDIX OF OP(FT) 25/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION
PUBLISHEDIN KERALA GAZETTE DATED
03.12.2013
ExhibitP2 TRUE COPY OF THE FORM-I IN OR 4/2015
DATED 03/03/2015 OF MEPPADY RANGE
Exhibit P3 TRUE COPY OF THE FORM II REPORT IN OR
4/2015 OF MEPPADY RANGE DATED 03/03/2015
Exhibit P4 TRUE COPY OF THE FORM-I IN OR 9/2015
MEPPADY RANGE 05/08/2015
Exhibit P5 TRUE COPY OF THE FORM II REPORT IN
OR9/2015 MEPPADY RANGE DATED 05/08/2015
Exhibit P6 TRUE COPY OF THE FORM-I REPORT IN OR
14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
Exhibit P7 TRUE COPY OF THE FORM II REPORT IN OR
14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
ExhibitP8 TRUE COPY OF THE INTERIM REPORT DATED
12.07.2023 OF THE ADVOCATE COMMISSIONER
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
19.07.2023 TO THE COMMISSION REPORT
Exhibit P10 TRUE COPY OF THE ORDER IN IA 2/2023 INOA
2/2022 DATED 22.07.2023
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Exhibit P11 TRUE COPY OF IA NO. 1/2024 IN OA 2/2022
DATED 26.02.2024
Exhibit P12 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE DIVISIONAL FOREST OFFICER SOUTH
WAYANAD IN IA NO. 1/2024 IN OA 2/2022 IN
MARCH, 2024
Exhibit P13 TRUE COPY OF THE ORDER IN IA 1/2024 INOA
NOS. 2/2022 DATED 09.07.2024
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
APPENDIX OF OP(FT) 26/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION PUBLISHED
IN KERALA GAZETTE DATED 03.12.2013
Exhibit P2 TRUE COPY OF THE FORM-I IN OR 4/2015 OF
MEPPADY RANGE DATED 03/03/2015
Exhibit P3 TRUE COPY OF THE FORM II REPORT IN
OR4/2015 OF MEPPADY RANGE DATED
03/03/2015
Exhibit P4 TRUE COPY OF THE FORM-I IN OR 9/2015
MEPPADY RANGE
Exhibit P5 TRUE COPY OF THE FORM II REPORT IN
OR9/2015 MEPPADY RANGE DATED 05/08/2015
Exhibit P6 TRUE COPY OF THE FORM-I REPORT IN
OR14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
Exhibit P7 TRUE COPY OF THE FORM II REPORT IN OR
14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
Exhibit P8 TRUE COPY OF THE INTERIM REPORT DATED
12.07.2023 OF THE ADVOCATE COMMISSIONER
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
19.07.2023 TO THE COMMISSION REPORT
Exhibit P10 TRUE COPY OF THE ORDER IN IA 2/2023 INOA
3/2022 DATED 22.07.2023
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Exhibit P11 TRUE COPY OF IA NO. 1/2024 IN OA 3/2022
DATED 10.03.2024
Exhibit P12 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE DIVISIONAL FOREST OFFICER
SOUTHWAYANAD IN IA NO. 1/2024 IN OA
3/2022 IN MARCH, 2024
Exhibit P13 TRUE COPY OF THE ORDER IN IA 1/2024 INOA
NOS. 3/2022 DATED 09.07.2024
2025:KER:10975
O.P.(FT) No.25, 26, 27 and 29 of 2024
APPENDIX OF OP(FT) 27/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION PUBLISHED
IN KERALA GAZETTE DATED 03.12.2013
Exhibit P2 TRUE COPY OF THE FORM-I IN OR 4/2015 OF
MEPPADY RANGE DATED 03/03/2015
Exhibit P3 TRUE COPY OF THE FORM II REPORT IN
OR4/2015 OF MEPPADY RANGE DATED
03/03/2015
Exhibit P4 TRUE COPY OF THE FORM-I IN OR 9/2015
MEPPADY RANGE DATED 05/08/2015
Exhibit P5 TRUE COPY OF THE FORM II REPORT IN
OR9/2015 MEPPADY RANGE DATED 05/08/2015
Exhibit P6 TRUE COPY OF THE FORM-I REPORT IN
OR14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
Exhibit P7 TRUE COPY OF THE FORM II REPORT IN
OR14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED 05/09/2020
ExhibitP8 TRUE COPY OF THE INTERIM REPORT DATED
12.07.2023 OF THE ADVOCATE COMMISSIONER
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
19.07.2023 TO THE COMMISSION REPORT IN
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O.P.(FT) No.25, 26, 27 and 29 of 2024
Exhibit P10 TRUE COPY OF THE ORDER IN IA 2/2023 INOA
6/2022 DATED 22.07.2023
Exhibit P11 TRUE COPY OF AFFIDAVIT IN IA NO. 1/2024
IN OA 6/2022 DATED 26.02.2024
Exhibit P12 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE DIVISIONAL FOREST OFFICER SOUTH
WAYANAD IN IA NO. 1/2024 IN OA 6/2022 IN
MARCH, 2024
Exhibit P13 TRUE COPY OF THE ORDER IN IA 1/2024 IN
OA NOS. 6/2022 DATED 09.07.2024
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APPENDIX OF OP(FT) 29/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION PUBLISHED
IN KERALA GAZETTE DATED 03.12.2013
Exhibit P2 TRUE COPY OF THE FORM-I IN OR 4/2015 OF
MEPPADY RANGE DATED;03-03-2015
Exhibit P3 TRUE COPY OF THE FORM II REPORT IN OR
4/2015 OF MEPPADY RANGE DATED;03-03-2015
Exhibit P4 TRUE COPY OF THE FORM-I IN OR 9/2015
MEPPADY RANGE DATED;05-08-2015
Exhibit P5 TRUE COPY OF THE FORM II REPORT IN OR
9/2015 MEPPADY RANGE DATED;05-08-2015
Exhibit P6 TRUE COPY OF THE FORM-I REPORT IN OR
14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE DATED;05-09-2020
Exhibit P7 TRUE COPY OF THE FORM II REPORT IN OR
14/2020 OF VYTHIRI FOREST STATION IN
MEPPADY RANGE
Exhibit P8 TRUE COPY OF THE INTERIM REPORT DATED
12.07.2023 OF THE ADVOCATE COMMISSIONER
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
19.07.2023 TO THE COMMISSION REPORT
Exhibit P10 TRUE COPY OF THE ORDER IN IA 2/2023 IN
OA 5/2022 DATED 22.07.2023
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Exhibit P11 TRUE COPY OF AFFIDAVIT IN IA NO. 1/2024
IN OA 5/2022 DATED 26.02.2024
Exhibit P12 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE DIVISIONAL FOREST OFFICER SOUTH
WAYANAD IN IA NO. 1/2024 IN OA 5/2022 IN
MARCH, 2024
Exhibit P13 TRUE COPY OF THE ORDER IN IA 1/2024 IN
OA NOS. 5/2022 DATED 09.07.2024
