Kerala High Court
Latha Bai vs State Of Kerala on 10 January, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
OP(FT) NO. 1 OF 2025
AGAINST THE ORDER DATED 14.10.2024 IN I.A. NO.110 OF 2024
IN OA NO.13 OF 2021 OF THE FOREST TRIBUNAL, PALAKKAD
PETITIONERS/APPLICANTS:
1 LATHA BAI
AGED 66 YEARS
D/O. KUMARAN, THEKKETHARA HOUSE, CHELAKKOTTUKARA,
THRISSUR, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER RATHJEEVAN T.K., AGED 66YEARS, S/O.
KARUNAKARAN, THEKKETHARA HOUSE, AMBATTAPALAYAM,
CHITTUR, PALAKKAD, PIN - 678101
2 PREETHA
AGED 60 YEARS
D/O. BALAN, THEKKETHARA HOUSE, DURGAGOSHTAM,
CHITTUR, PALAKKAD , REPRESENTED BY HER POWER OF
ATTORNEY HOLDER RATHJEEVAN T.K., AGED 66YEARS,
S/O. KARUNAKARAN, THEKKETHARA HOUSE,
AMBATTAPALAYAM, CHITTUR, PALAKKAD, PIN - 678101
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O.P.(FT) No.1 of 2025
-: 2 :-
3 ANITHA
AGED 59 YEARS, D/O. BALAN, THEKKETHARA HOUSE,
DURGAGOSHTAM, CHITTUR, REPRESENTED BY HER
POWER OF ATTORNEY HOLDER RATHJEEVAN T.K., AGED
66YEARS, S/O. KARUNAKARAN, THEKKETHARA HOUSE,
AMBATTAPALAYAM, CHITTUR, PALAKKAD,
PIN - 678101
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY (FOREST &
WILD LIFE), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL CHIEF CONSERVATOR AND CUSTODIAN
OF EFL, FOREST HEADQUARTERS, THYKKAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695001
3 THE CHIEF FOREST CONSERVATOR AND CUSTODIAN OF
VESTED FOREST, EASTERN CIRCLE, OLAVAKKODU,
PALAKKAD, PIN - 678002
4 THE DIVISIONAL FOREST OFFICER
NENMARA, CHITTUR, PALAKKAD, PIN - 678508
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O.P.(FT) No.1 of 2025
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5 AJITHA
D/O. LATE RAGHAVAN, THEKKETHARA HOUSE,
CHELAKKOTTUKARA, THRISSUR, PIN - 680005
6 JAYAN
S/O. LATE RAGHAVAN, THEKKETHARA HOUSE,
CHELAKKOTTUKARA, THRISSUR, PIN - 680005
ADV.N. NAGARAJ NARAYANAN, SPL.GP (FOREST)
THIS OP (FOREST TRIBUNAL) HAVING COME UP FOR ADMISSION
ON 10.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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SATHISH NINAN & SHOBA ANNAMMA EAPEN, JJ.
= = = = = = = = = = = = = = = = = =
O.P.(FT) No.1 of 2025
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Dated this the 10th day of January, 2025
JUDGMENT
Sathish Ninan, J.
The Original Application filed under the Kerala
Forests (Vesting and Management of Ecologically Fragile
Lands) Act, 2003 was dismissed for default by the
Tribunal. The application seeking restoration of the
same was also dismissed. Challenging the same, the
applicants are in appeal.
2. The original application was dismissed by the
Tribunal on 29.04.2024 for non-appearance of the
applicants. On 18.05.2024, the petitioners filed I.A.
(RP) No.110 of 2024 seeking restoration of the original
application. The I.A. was dismissed as per the order
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dated 14.10.2024.
3. We have heard Sri.P. Mohandas, the learned
counsel for the petitioners and Sri.Nagaraj Narayanan,
the learned Special Government Pleader (Forests) on
behalf of the respondents.
4. The petitioners are being represented in the
proceedings through their power of attorney holder. The
Tribunal noticed that, the case was posted on several
occasions for evidence but the petitioners failed to
adduce evidence. On 07.02.2024, the petitioners had
filed I.A.No.3 of 2024, seeking time to adduce evidence.
The Tribunal granted time and the case was posted to
29.04.2024. On the said date, since the petitioners did
not turn up for evidence, the original application was
dismissed.
5. In the restoration application, which is filed
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by the power of attorney holder of the applicants, it is
stated that he is a heart patient and underwent
angioplasty. On the date fixed for evidence, he was
unable to appear before the Tribunal and adduce evidence
due to his physical ailments.
6. The Tribunal noticed that no records were
produced to substantiate the claim of physical ailment.
It was also noticed that sufficient time was granted
earlier, for the petitioners to adduce evidence. It is
accordingly that the application was dismissed.
7. While the Tribunal cannot be faulted for the
course adopted, the fact remains that the petitioners
are the applicants in the Original Application and it
would be only in their interests that the original
application be decided on merits. So also, the fact
remains that the petitioners are being represented by a
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power of attorney holder, who is aged 66 years and who
is stated to be suffering from heart ailments. The
learned counsel for the petitioners would submit that an
opportunity may be granted to the petitioners to produce
materials before the Tribunal to prove the ailments of
the power of attorney holder.
8. Adopting such a course would only further
delay the matter. Considering the entire facts and also
taking note of the fact that the Original Application is
of the year 2021, we are of the opinion that an
opportunity can be granted to the petitioners to have
the Original Application decided on its merits rather
than inviting a dismissal for default. Of course for the
lethargy exhibited by the petitioners, the restoration
could be only on imposition of costs.
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Resultantly, the Original Petition is disposed of
as hereunder;
i) The order on I.A.(RP) No.110 of 2024 dated
14.10.2024 will stand set aside, the I.A. will
stand allowed, and O.A.No. 13 of 2021 will
stand restored back to files on condition that
the petitioners pay an amount of Rs.5,000/- as
costs to the Kerala State Legal Services
Authority on or before 24.01.2025.
ii) In case of failure on the part of the
petitioners to pay the costs as ordered, the
original petition will stand dismissed
affirming the order impugned.
iii) Parties shall appear before the Tribunal
on 05.02.2025. The Tribunal shall proceed to
dispose of the original petition in accordance
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with the law.
To verify compliance, post the O.P on 27.01.2025.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
yd
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APPENDIX OF OP(FT) 1/2025
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE EFL O.A. NO. 13/2021
FILED BY THE PETITIONERS BEFORE THE
TRIBUNAL FOR KERALA FOREST (VESTING AND
MANAGEMENT OF ECOLOGICALLY FRAGILE LAND)
(I ADDITIONAL DISTRICT COURT), PALAKKAD
Exhibit -P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE RESPONDENTS IN EFL O.A. NO.
Exhibit -P3 TRUE COPY OF THE ORDER DATED 29-04-2024
IN EFL O.A.NO. 13/2021 OF THE COURT OF
THE KERALA FOREST (VESTING AND
MANAGEMENT OF ECOLOGICALLY FRAGILE
LANDS) TRIBUNAL, PALAKKAD
Exhibit -P4 TRUE COPY OF THE I.A.NO. 110/2024 IN EFL
O.A.NO. 13/2021 FILED BY THE POWER OF
ATTORNEY HOLDER OF THE PETITIONERS DATED
18-05-2024
Exhibit -P5 TRUE COPY OF THE ORDER DATED 14-10-2024
IN I.A.NO. 110/2024 IN EFL O.A.NO.
