[Cites 14, Cited by 0]
Kerala High Court
State Of Kerala vs Kurien E. Kalathil on 11 February, 2026
Author: Sathish Ninan
Bench: Sathish Ninan
2026:KER:12296
C. R.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
MFA (FOREST) NO. 31 OF 2018
AGAINST THE ORDER DATED 30.11.2017 IN OA NO.1 OF 2008 OF FOREST
TRIBUNAL, KOLLAM
-----
APPELLANTS/RESPONDENTS:
1 STATE OF KERALA
REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA,THIRUVANANTHAPURAM.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT
FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM.
3 THE CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) AND
PRINCIPAL CHIEF CONSERVATOR OF FORESTS (E&TW),
STATE OF KERALA, THIRUVANANTHAPURAM.
BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
RESPONDENT/APPLICANT:
KURIEN E. KALATHIL
PROPRIETOR, PONMUDI ESTATE, T.C.14/1004,
VAZHUTHACADU,THIRUVANANTHAPURAM- 695 014.
BY ADVS.
SMT.K.A.SANJEETHA
SHRI.ZAKEER HUSSAIN
THIS MFA (FOREST) HAVING COME UP FOR HEARING ON 11.02.2026,
ALONG WITH MFA (FOREST).42/2021, 75/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12296
C. R.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
MFA (FOREST) NO. 42 OF 2021
AGAINST THE ORDER DATED 22.03.2019 IN OA NO.79 OF 1994 OF
FOREST TRIBUNAL, KOZHIKODE
-----
APPELLANTS/RESPONDENTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE CUSTODIAN OF VESTED FORESTS,
CUSTODIAN'S OFFICE, OLAVAKKODE, PALAKKAD.
RESPONDENTS/APPLICANTS & SUPPL. APPLICANT AND SUPPL. RESPONDENTS
3, 4 AND 5:
1 MRS.UMAYAL CHETTYAPPAN,
W/O LATE M.CHETTYAPPAN RESIDING AT NO.9, ADAYAR CLUB
GATE ROAD, MADRAS-600028- REPRESENTED BY POWER OF
ATTORNEY HOLDER KURIEN E. KALATHIL, AGED 45 YEARS,
S/O EAPAN AND RESIDING AT C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-695003.
2 MRS. AZHAGU ANNAMALAI
W/O N. ANNAMALAI RESIDING AT NO.5, 1ST CROSS STREET,
INDIRA NAGAR, MADRAS- 600020- REPRESENTED BY POWER OF
ATTORNEY HOLDER KURIEN. E. KALATHIL, AGED 45 YEARS,
S/O EAPAN AND RESIDING AT C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-6395003.
2026:KER:12296
MFA (FOREST) NO. 42 OF 2021 -2-
3 MRS. MEYYAMMAI VENKATACHALAM,
W/O A. VENKATACHALAN, RESIDING AT NO.13/1, RANJITH
ROAD, KOTTUPURAM, MADRAS-600085, REPRESENTED BY POWER
OF ATTORNEY HOLDER KURIEN .E. KALTHIL, AGED 45 YEARS,
S/O EAPAN AND RESIDING AT C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-695003.
4 MRS. SIVAGAMI,MUTHUKARUPPAN,
W/O MUTHUKARUPPAN, RESIDING AT B BLOCK, OO5, RAHEJA
CENTRE, NO.1073, 1074, AVINASHI ROAD, COIMBATORE-
641018- REPRESENTED BY POWER OF ATTORNEY HOLDER KURIEN
E. KALATHIL, AGED 45 YEARS, S/O EAPAN AND RESIDING AT
C-10, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM-
695003.
5 MISS.C. JAYALAKSHMI,
D/O LATE M. CHETTIYAPPAN, RESIDING AT NO.9, ADAYAR CLUB
GATE ROAD, MADRAS-600028- REPRESENTED BY POWER OF
ATTORNEY HOLDER KURIEN E. KALATHIL, AGED 45 YEARS, S/O
EAPAN AND RESIDING AT C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-695003.
6 C. SENDIL MEIYAPPAN (MINOR),
S/O UMAYAL CHETTYAPPAN, REPRESENTED BY HIS MOTHER -1ST
RESPONDENT THROUGH THE POWER OF ATTONEY HOLDER KURIEN
E. KALATHIL, AGED 45 YEARS, S/O EAPAN AND RESIDING AT
C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM-695003.
7 KURIEN E. KALATHIL,
S/O EAPAN, HAVING HIS OFFICE AT T.C.27/373-7, G.H.
ROAD, TRIVANDRUM AND AT PRESENT HAVING HIS OFFICE AT
T.C-15/1004, OPP. TRIDA (TRIVANDRUM DEVELOPMENT
AUTHORITY), VAZHUTHAKKADU, TRIVANDRUM-695010.
8 CATHERINE THOMAS,
W/O LATE K.T.THOMAS, BRIGHT HOUSE, KOZHIKODE-673014.
9 JOY THOMAS,
S/O LATE K.T. THOMAS, I.C AMPER PARK, C.S ROAD, KOCHI-
682011.
2026:KER:12296
MFA (FOREST) NO. 42 OF 2021 -2-
10 DR. JOSE THOMAS,
S/O LATE K.T. THOMAS, BRIGHT HOUSE, KOZHIKODE-673014.
BY ADVS.
SRI.M.RAMESH CHANDER (SR.)
SMT.K.A.SANJEETHA
SMT.NISHA JOHN
SRI.BALU TOM
SHRI.ZAKEER HUSSAIN
THIS MFA (FOREST) HAVING COME UP FOR HEARING ON 11.02.2026,
ALONG WITH MFA (FOREST).31/2018 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12296
C. R.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
MFA (FOREST) NO. 75 OF 2019
AGAINST THE ORDER DATED 22.03.2019 IN OA NO.79 OF 1994 OF FOREST
TRIBUNAL, KOZHIKODE
-----
APPELLANT/SUPPL. 7TH APPLICANT:
KURIEN E. KALATHIL,
AGED 72 YEARS,
S/O. EAPEN, HAVING HIS OFFICE AT T.C.27/373-7, G.H.
ROAD, TRIVANDRUM AND AT PRESENT HAVING HIS OFFICE AT
T.C.15/1004, OPPOSITE TRIDA,(TRIVANDRUM DEVELOPMENT
AUTHORITY), VAZHUTHACAUD, TRIVANDRUM - 10, (IMPLEADED
AS PER IA-276/97 AND AMENDMENT CARRY OUT AS PER IA-
277/97).
BY ADVS.
SMT.K.A.SANJEETHA
SHRI.ZAKEER HUSSAIN
RESPONDENTS 1 & 2/APPLICANTS 1 TO 6/SUPPL. RESPONDENTS 3 TO 5:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE CUSTODIAN OF VESTED FORESTS,
CUSTODIAN'S OFFICE, OLAVAKKODE, PALAKKAD - 678 002.
2026:KER:12296
MFA (FOREST) NO. 75 OF 2019 -2-
3 MRS.UMAYAL CHETTIYAPPAN,
W/O. LATE M. CHETTIYAPPAN, RESIDING AT NO.9,
ADAYAR CLUB GATE ROAD, MADRAS - 600 028.
4 MRS.AZHAGU ANNAMALAI,
W/O. N. ANNAMALAI, RESIDING AT NO.5, 1ST CROSS STREET,
INDIRA NAGAR, MADRAS - 600 020.
5 MRS.MEYYAMMAI VENKATACHALAM,
W/O. A. VENKATACHALAM, RESIDING AT N0.131,
RENJITH ROAD, KOTTUPURAM , MADRAS - 600 085.
6 MRS.SIVAGAMI MUTHUKARUPPAN,
W/O. K. MUTHUKARUPPAN, RESIDING AT B BLOCK, 005,
RAHEJA CENTRE, NO.1073, 1074, AVINASHI ROAD,
COIMBATORE - 641 018.
7 MISS. C. JAYALAKSHMI,
D/O. LATE M. CHETTIYAPPAN, RESIDING AT NO.9,
AYUR CLUB GATE ROAD, MADRAS - 600 028.
8 C. SENDIL MEIYAPPAN,
S/O. LATE M. CHETTIYAPPAN, RESIDING AT NO.9,
ADAYAR CLUB GATE ROAD, MADRAS - 600 028.
9 CATHERIN THOMAS, S/O. LATE K. T. THOMAS, BRIGHT HOUSE,
KOZHIKODE - 673 014.
10 JOY THOMAS,
S/O. LATE K. T. THOMAS, I. C. AMPER PARK, C.S. ROAD,
KOCHI - 11.
11 DR. JOSE THOMAS,
S/O. LATE K. T. THOMAS, BRIGHT HOUSE, KOZHIKODE - 673
014.(SUPPLEMENTAL RESPONDENTS 3 TO 5 IMPLEADED AS PER
ORDER IN IA-3/2008 DATED 15.03.2008 AND AMENDED AS PER
ORDER IN IA-4/2008 DATED 15.03.2008.)
BY ADVS.
SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
SMT.NISHA JOHN
THIS MFA (FOREST) HAVING COME UP FOR HEARING ON 11.02.2026,
ALONG WITH MFA (FOREST).31/2018 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12296
C. R.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
MFA (FOREST) NO. 107 OF 2019
AGAINST THE ORDER DATED 22.03.2019 IN OA NO.79 OF 1994 OF
FOREST TRIBUNAL, KOZHIKODE
-----
NAME OF THE APPELLANTS:
1 CATHERINE THOMAS,
1-C AMBER PARK,CANNON SHED ROAD,KOCHI-682011.
2 JAY THOMAS,
1-C AMBER PARK,CANNON SHED ROAD, KOCHI-682011.
3 JOE THOMAS,
1-C AMBER PARK,CANNON SHED ROAD, KOCHI-682011.
BY ADV SMT.NISHA JOHN
NAME OR NAMES WITH FULL ADDRESS/ADDRESSES OF THE PERSON/ PERSONS
WHO SHALL BE IMPLEADED OR BROUGHT ON RECORD AS
RESPONDENT/RESPONDENTSRESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT,TRIVANDRUM-695001.
2 THE CUSTODIAN OF VESTED FORESTS,
OLAVAKKODE,PALAKKAD.
2026:KER:12296
MFA (FOREST) NO. 107 OF 2019 -2-
3 MRS.UMAYAL CHETTYAPPAN,
W/O.LATE M.CHETTYAPPAN, 9 ADAYAR CLUB GATE ROAD,
CHENNAI-600028.
4 MRS.AZHAGU ANNAMALAI,
NO.5,1ST CROSS STREET,INDIRA NAGAR, MADRAS-600020.
5 MRS.MEYYAMMAI VENKATACHALAM,
NO.13/1,RANJITH ROAD,KOTTUPURAN, MADRAS-600085.
6 MRS.SIVAGAMI MUTHUKARUPPAN,
B BLOCK,005,RAHEJA CENTRE, NO.1073,1074,AVINASHI
ROAD,COIMBATORE-641018.
7 MISS.C.JAYALAKSHMI,
9 ADAYAR CLUB GATE ROAD,CHENNAI-600028.
8 MR.C.SENDIL MEIYAPPAN,
9 ADAYAR CLUB GATE ROAD,CHENNAI-600028.
[RESPONDENTS 3 TO 8 ARE REPRESENTED THROUGH THEIR POWER OF
ATTORNEY HOLDER KURIEN E KALATHIL, C-10, JAWAHAR NAGAR, KOWDIAR,
THIRUVANANTHAPURAM]
9 KURIEN E KALATHIL
TC 15/1004, OPP. TRIDA, VAZHUTHACAUD, TRIVANDRUM-10.
BY ADVS.
SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
SHRI.ZAKEER HUSSAIN
SMT.K.A.SANJEETHA
THIS MFA (FOREST) HAVING COME UP FOR HEARING ON 11.02.2026,
ALONG WITH MFA (FOREST).31/2018 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:12296
C. R.
SATHISH NINAN &
P. KRISHNA KUMAR, JJ.
= = = = = = = = = = = = = = = = = = = = = = = =
M.F.A (Forest) Nos. 31/2018, 107, 75 of 2019,
&
42/2021
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 11th day of February, 2026
J U D G M E N T
Sathish Ninan, J.
These appeals arise from orders in proceedings under the
Kerala Private Forests (Vesting and Assignment) Act, 1971
(hereinafter referred to as "the Vesting Act"), and Kerala Forest
(Vesting and Management of Ecologically Fragile Lands) Act, 2003
(hereinafter referred to as "the EFL Act").
2. The Original Application filed under the Vesting Act was
allowed in part, in respect of a portion of the scheduled
property of 263.27 acres. Challenging the respective parts of the
order which are against the applicants and the State, they are in
appeal in MFA Nos.75/2019 and 42/2021, respectively. Additional
respondents 3 to 5 in the OA, who claimed rival title against the
applicants, have preferred MFA 107/2019.
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
3. The Original Application under the EFL Act relate to 873
acres (approximately) including the 263 acres notified under the
Vesting Act. The original application was allowed but, subject to
the orders in the OA under the Vesting Act. Challenging the same
the State is in appeal in MFA 31/2018.
4. The total extent of 873 acres originally belonged to one
Ponmudi Holdings Ltd. The Company had obtained assignment from
the Travancore Government under document No.1899 of 1116 ME. The
assignment was for cultivation of cardamon, rubber, teak etc.
Under Ext.A2 document dated 18.08.1972, they conveyed the
property in favour of one K.T. Thomas. On 23.11.1987, K.T. Thomas
entered into an agreement for sale with one Chettiyappan.
Subsequently, under Exts.A10 to A46 sale deeds dated 18.10.1991,
K.T.Thomas conveyed the property to Chettiyappan. In the year
1993, K.T. Thomas purported to cancel the sale deeds. There were
litigations between the parties. Suffice to notice that the sale
deeds in favour of Chettiyappan remain upheld.
5. In the year 1994, the legal heirs of Chettiyappan entered
into an agreement for sale with the 7 th applicant in the OA. On
04.03.1980 the State had notified 263 acres from out of the 873
acres as vested forest. On 12.07.1994, original application was
filed by the legal heirs of Chettiyappan, through the 7 th
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
applicant as their power of attorney holder, challenging the
notification. Pending the original application, on 29.06.1995,
the 7th applicant got conveyance of the property from applicants 1
to 6.
6. In the Original Application it was contended that the
property is not a vested forest but, a plantation containing
cardamon, rubber etc.
7. The State contended that the Original Application is
barred by limitation. The claim that the disputed property is a
plantation, was denied.
8. The legal heirs of late K.T.Thomas got themselves
impleaded as additional respondents 3 to 5. They claimed that the
conveyances in favour of Chettiyappan under Exts.A10 to A46 were,
excluding the alleged vested forest. They claimed that title over
the property notified as vested forest(the application scheduled
property) vests with them. It was also contended that the
property is not a vested forest.
9. The Tribunal held that a portion of the property, as
identified in Exts.C1 and C2 Commissioner's Report and sketch, is
not vested forest.
10. With regard to the original application under the EFL
Act, the notification is in relation to the entire extent of 873
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
acres, including the 263 acres notified under the Vesting Act.
The Original Application was before the EFL Tribunal and was
tried and disposed of first. The Tribunal while holding the
entire extent to be not an EFL land held that it will be subject
to the proceedings under the Vesting Act regarding the extent
covered by the notification under the Vesting Act.
11. We have heard Sri.Nagaraj Narayanan, the learned Special
Government Pleader (Forest), Sri.B.Krishnan, Smt.K.A. Sanjeetha,
Smt.Nisha John, learned counsel for the respective parties.
12. Firstly, we proceed to consider the OA under the Vesting
Act. It relates to approximately 263 acre out of the larger
extent of 873 approximately acres. The primary contention of the
State is that, the Original Application is barred by limitation.
The notification under the Vesting Act is dated 04.03.1980. The
Original Application was filed on 12.07.1994. Rule 3(1) of the
Kerala (Private Forests) Tribunal Rules, 1972, stipulates a
period of sixty days from 06.08.1981 or from the date of
publication of the notification under sub-rule 2 of Rule 2(A) of
the Kerala Private Forest (Vesting and Assignment) Rules 1974,
which ever is later, to raise a challenge. The Rule reads thus: -
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
"Rule - 3. Application to the Tribunal.
(1) An application under Section 8 shall in Form 'A' and shall be presented to
the Tribunal with such number of additional copies of the application, as are necessary,
to be served on the respondents within sixty days from 6th August 1981 or from the date
of publication of the notification under sub-rule (2) of Rule 2-A of the Kerala Private
Forests (Vesting and Assignment) Rules, 1974 in respect of the land to which the dispute
relates which ever is later.
****
The question is, whether the Original Application has been filed
within sixty days from the date of publication of the
notification under sub-rule 2 of Rule 2(A). It would be
appropriate to extract Rule 2(A) of the Vesting Rules:-
2A. Demarcation of boundaries:--(1) Demarcation of private forests in pursuance
of S. 6 of the Act shall be effected by erecting cairns along the boundaries.
(2) A notification specifying the details of the private forest, the boundaries of
which have been demarcated such a survey and sub-division number if available
and local name and describing its boundaries shall immediately be published
simultaneously in the Village Office, Panchayat Office, Office of the Forest
Tribunal, Range Office, Office of the Divisional Forest Office and the office of the
Custodian.
(3) The fact that a notification has been published under sub-rule (2) shall be
published in two or more newspapers having circulation in the locality."
Rule 2A(2) mandates publication of the notification with the
details as mentioned therein, in the Village Office, Panchayat
Office, Office of the Forest Tribunal, Range Office, Office of
the Divisional Forest Office and the Office of the Custodian.
Under Rule 3 of the Tribunal Rules referred before, the period of
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
limitation commences to run from the date of such publication in
the offices above. In Thanka v. State of Kerala [2001 (3) KLT 801], it was
held that whether the publication of notification was effected as
mandated under Rule 2A(2) is of significance since it determines
the time limit for approaching the Tribunal. In Thanka's case the
court referred to the judgment in MFA Nos.249 and 383 of 1988
wherein it was held :-
"The question will arise as to whether the notification stated to have been
published on 14.12.1981 satisfies the requirements of R.2A(A) and (3) has to be
determined by the Tribunal ."
In the case at hand the notification is dated 04.03.1980; the OA
is filed on 12.07.1994. The applicants bank upon Thanka's case and
contend that there is no material to find compliance with sub-
rule 2 of Rule 2(A) of the vesting Rules and hence the bar of
limitation is not attracted.
13. Exts.B12 and B13 are the notifications published in
Kerala Kaumudi daily and Malayala Manorama daily dated 20.05.1980
and 18.05.1980 respectively. Those publications are to the effect
that, notification has been published in the concerned offices in
terms of Rule 2 of Rule 2(A) of the Vesting Rule. The publication
reads thus,
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
"ററ. എ-6070/79 1980 ഏപപറൽ 30
കകേരള വനനം വകേകുപപ്പ് തറരകുവനന്തപകുരനം ഡറവറഷൻ
പരസസസ
പപപൊതകുജനങ്ങളളുപടെ അററവറകലേകപ്പ് ഇതറനപൊൽ പരസസനം
പചെയളുന്നപതപന്തന്നപൊൽ, തറരകുവനന്തപകുരനം ജറല്ലയറൽ പപരറങ്ങമ്മലേ വറകല്ലജറൽ
പപപൊൻമകുടെറ എകസ്റ്റേററൽ 106 5419 പഹെകേപ്പ്ടെർ സ്ഥലേവകുനം ടെറ വറകല്ലജറൽ
ഇൻപവർകപൊൾഡപ്പ് എകസ്റ്റേററൽ 43.9145 പഹെകേപ്പ്ടെർ സ്ഥലേവകുനം ടെറ വറകല്ലജറൽ
ബപബ്രൈമമൂർ എകസ്റ്റേററൽ 35.5065 പഹെകേപ്പ്ടെർ സ്ഥലേതകുനം കേകുളതമൂപളുഴ വറകല്ലജറൽ
റപൊകകുവകുഡപ്പ് എകസ്റ്റേററൽ 44.0702 പഹെകേപ്പ്ടെർ സ്ഥലേവകുനം വറതകുര വറകല്ലജറൽ
കബ്രൈപൊണകപൊടെപ്പ് എകസ്റ്റേററൽ 92.0459 പഹെകേപ്പ്ടെർ സ്ഥലേവകുനം പപരറങ്ങമ്മലേ വറകല്ലജറൽ
മർകറസ്റ്റേൻ എകസ്റ്റേററൽ 23.7371 പഹെകേപ്പ്ടെർ സ്ഥലേവകുനം 1971-പലേ കകേരള
വനനറകറപപ്പ്തമപൊകലേകുനം പതറചളുപകേപൊടെകുകലേകുനം നറയമമനകുസരറചപ്പ് നറകറപപ്പ്ത
വനമപൊപണന്നപ്പ് കേപൊണറചപ്പ് 1974-പലേ കകേരള വനനറകറപപ്പ്ത വന ഉതരവറൽ സബ്രൈപ്പ്
റമൂൾ (2) എ അനകുസരറചളുള്ള പരസസനം, പപരറങ്ങമലേ, കേകുളതമൂപളുഴ, വറതകുര, എന്നന
പഞപൊയതകു ഓഫനസകുകേളറലേകുനം പപരറങ്ങമലേ, കേകുളളുതമൂപളുഴ, വറതകുര എന്നന വറകല്ലജപ്പ്
ഓഫനസകുകേളറലേകുനം തറരകുവനന്തപകുരനം ഡറവറഷണൽ കഫപൊറസ്റ്റേപ്പ് ഓഫനസപ്പ്, പരകുതറപള്ളറ,
പപൊകലേപൊടെപ്പ്, കേകുളതമൂപളുഴ എന്നന പറയപ്പ്ഞപൊഫനസകുകേൾ നറകറപപ്പ്ത വനങ്ങളളുപടെ
കേകസ്റ്റേപൊഡറയപന്റെ ഓഫനസപ്പ്, വന ബപടെബ്രൈമൂണൽ ഓഫനസപ്പ് ഇവരകുപടെയകുനം കനപൊടനസപ്പ്
കബ്രൈപൊർഡകുകേളറൽ പരസസനം പചെയപ്പ്തറടളുണപ്പ്.
തറരകുവനന്തപകുരനം പറ.എസപ്പ്. എൻ. റപൊവകുതർ (ഒപപ്പ്)
PRD-515/80 ഡറവറഷണൽ കഫപൊറകസ്റ്റേപൊഫനസർ, തറരകുവനന്തപകുരനം"
Exts.B12 and B13 publications are in compliance with the mandate
under sub-rule 3 of Rule 2(A) of the Vesting Rules. Sub-Rule 3
requires that, the factum of publication of notification under
sub-rule 2 shall be published in two or more newspapers having
circulation in the locality. The publications acknowledge the
publication of notifications in the various offices as mandated
under sub-rule 2 of Rule 2(A) of the Vesting Rules. The
publication under Rule 3 is effected after the publication under
sub-rule 2 of Rule 2(A), vouching that, the notification as
mandated under sub-rule 2 of Rule 2(A) has been effected.
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
14. The State has, at paragraph 3 of their objections, while
raising the plea of limitation, pleaded about the details of the
publication under Rule 2(A)(2). The Original Application does not
contain any averment regarding non-compliance of Rule 2(A)(2).
The Original Application was earlier remanded specifically
leaving open the question of limitation. Though the OA was
amended thereafter, no plea to the said effect was incorporated.
According to the applicants there is no evidence adduced by the
State to show the publication of notification in various offices
as mandated under Rule 2(A)(2). RW1 is the Forest Range Officer.
He deposed that the notification was published in the offices and
news papers, as required under the Rules. The mere fact that in
cross examination he deposed that he does not have direct
knowledge about the publications since he assumed the office only
on 03.04.1998 is not sufficient to find that there has been no
publication of notification. There is no suggestion to the
witness that publication was not effected. The State has produced
copy of the notification as Ext.B1 and also Exts.B12 and B13, the
publications in terms of Rule 2(A)(3) stating that Rule 2(A)(2)
has been complied. The publication under Rule 2(A)(3) presupposes
that publication under R2(A)(2) have been effected. This is
sufficient enough to find compliance with the publication under
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
Rule 2(A)(2). There is no material to find otherwise. Here,
Section 114 of the Indian Evidence Act, 1872, which corresponds
to Section 119(1) of the Bharatiya Sakshya Adhiniyam, 2023, is of
significance. The same reads thus :-
"114. Court may presume existence of certain facts.-- The Court may presume
the existence of any fact which it thinks likely to have happened, regard being
had to the common course of natural events, human conduct and public and
private business, in their relation to the facts of the particular case."
What sub-rule (3) of Rule 2A stipulates is a publication that a
notification in terms of Rule 2A(2) has been published in the
concerned offices. In the facts of the present case, the
publication under sub-rule 3 leads to a presumption that the
notification was published in the offices as required under Rule
2A(2).
15. Incidentally, it is also to be noticed that, additional
respondents 3 to 5 in their counter have raised a contention with
regard to the publication under Rule 2(A)(2). Their objection is
not that there has been no publication at the offices prescribed
under Rule 2(A)(2) but, that such publication was in respect of a
different village and not the village where the property is
situated. In fact, such contention fortifies that there has been
publication of notification in terms of Rule 2(A)(2). Their
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
objection with regard to the name of the village has no force
since, subsequent to the notification, there has been
delimitation and change in the villages.
16. The appellant raised a contention that the Tribunal
having answered the issue of limitation in favour of the
applicants, under Section 99 of the Code of Civil Procedure,
limitation being not one relating to jurisdiction, the order
impugned is not liable to be interfered with in appeal. Section
99 of the Code reads thus:
"No decree to be reversed or modified for error or irregularity not
affecting merits or jurisdiction.-- No decree shall be reversed or substantially
varied, nor shall any case be remanded, in appeal on account of any misjoinder
or non-joinder of parties or causes of action or any error, defect or irregularity
in any proceedings in the suit, not affecting the merits of the case or the
jurisdiction of the court:
Provided that nothing in this section shall apply to non-joinder of a
necessary party."
What the section provides is that, a decree shall not be
interfered with in appeal for the reason of, (i) mis-joinder or
non-joinder of parties or causes of action, or (ii) error, defect
or irregularity, unless it affects the merits of the case or the
jurisdiction of the Court. The issue of limitation does not fall
within either (i) or (ii). The argument of the appellant is only
to fail.
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
17. The original application having been filed fourteen
years after the date of notification under Rule 2(A)(2) of the
Vesting Rules, is hopelessly barred by limitation. The finding of
the Tribunal to the contrary is liable to be set aside and we do
so.
18. Additional respondents 3 to 5 claimed that the property
notified under the vesting notification has not been conveyed by
the predecessor K.T.Thomas to Chettiyappan. The applicants' title
is disputed. Exts.A10 to A46 are the sale deeds. While in the
body of the documents, it is recited that the lands notified in
the Vesting Act are not included, in the scheduled description,
the entire property is included. So also there is a plan attached
to each of the sale deeds. The extent shown in the plans added up
makes up the entire extent. There is no recital in the sale deed
that any portion out of the total extent of property is retained
by the vendor. It is possible to understand that, according to
the vendor, there is no vested forest in the total extent of
property that has been conveyed. We find the contention to be
devoid of merit. At any rate, respondents 3 to 5 have not filed
any original application challenging the notification. Any
application at their behest would also be hopelessly barred by
limitation. Therefore, their claim and objection has no
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
substance.
19. On the above discussions, we find that the Original
Application challenging the notification under the Vesting Act is
liable to be dismissed.
20. Now coming to the Original Application under the EFL
Act, the notification is in relation to the entire extent of 873
acres, including the 263 acres under the Vesting Act. The
challenge against the Vesting notification having been found to
fail, what is relevant is only the consideration with regard to
the remaining 610 acres (approximately). Exts.C1 to C12 are the
Commissioners Reports. Ext.A60 is the report of the Committee
constituted under Rule 18 of the Vesting Rules. Clauses 4.2, 4.3
and 4.4 are of significance. They read thus: -
"4.2 As per the application submitted by the Estate owner the Estate area is 872.91
Acres (353.40 Ha). As per the notification published in the Gazette on 2.1.01, the land
notified under section 3(1) of the Ordinance is as follows.
Survey Extent
No.
3992 213.5840 Ha
3993 61.8620 Ha
3995 77.8190 Ha
Total 353.2650 Ha
4.3 On the basis of the inspection conducted by the Committee, we are of the
opinion that 106.5419 Ha of land lying in ten bits as explained in Paragraph 3.3 to
3.13 will qualify to be notified under section 3(1) of the Act. The details are as follows.
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
Sl. District Taluk Forest Range Locality Village Sy.No./wit Extent
No Division h Sub (ha)
Division
1 Kulath Ponmudi Thennur 3992 pt 0.2
upuzha Section
2 Palode Kallar " 3995 pt 32.58
Section
3 Kulath Ponmudi " 3992pt 56.6
upuzha and and 3995
and Kallar pt
Palode Section
4 Kulath Ponmudi " 3993 pt 0.7735
upuzha Section
Trivandrum
Trivandrum
Nedumangad
5 Kulath Ponmudi " 3992 pt 2.8846
upuzha Section
6 Kulath Ponmudi " 3992 pt 10.0943
upuzha Section
7 Kulath Ponmudi " 3992 pt 0.1175
upuzha Section
8 Kulath Ponmudi " 3992 pt 1.3105
upuzha Section
9 Palode Kallar " 3995 pt 1.1410
Section
10 Palode Kallar " 3995 pt 0.8405
Section
Total 106.5419
4.4 The remaining land is principally under cultivation of crop of long duration such
as Tea and Rubber with agricultural crops like Cardamom, Arecanut, Pepper etc.
There are a number of Residential buildings, Factory buildings and office buildings in
the estate portion. Around 350 Nos. of labours are engaged in the Estate activities.
Therefore the remaining land is not consistent with the provisions under section 3(1) of
the Act. A map of the estate showing the proposed EFL land, estate portions and
buildings is enclosed for ready reference.
Under the above circumstances the Committee expresses its opinion that the area
notified on 02/01/2001 as per notification No. C4-21437/2000 dated: 20/10/2000 Sl.
No. 195 to 197 is not fully consistent with the provisions of section 3(1) of the Art and
therefore as pointed out earlier, in para No. 4.3 an extent of 106.5419 Ha of land as
detailed above will qualify under section 3(1) of the Act. "
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
The above is unambiguous that, excluding the vested area the
entire remaining property of approximately 609 acres is a
plantation.
21. In the Original Application, expert Commissioners were
deputed to inspect the land. The experts were those in the area
of cardamom, tea and also civil engineer to inspect the buildings
situated in the property. Their reports corroborate Ext.A60
report of the Committee. On a reading of Ext.A60 report and the
Commissioner's Reports, we find that there could not be any
dispute that the property is a plantation. It is not an EFL land.
The EFL notification, in so far as it relates to the area of land
excluding the land notified under the Vesting Act is liable to be
set aside. The OA under the EFL Act is liable to be allowed, but
only in respect of the remaining 609 acres.
22. With regard to the identification of the property, we
notice that the entire extent of property including the property
notified under the Vesting Act is identified in Ext.C9(e) plan,
which is mistakenly referred to in the impugned judgment as
Ext.C9(c) plan. The land notified under the Vesting Act is
identified in Ext.A86 series plans. Therefore, there is no scope
for any dispute with regard to the identity of the remaining
MFA (Forest) Nos.31/2018, 107, 75 of 2019,
& 42/2021
2026:KER:12296
extent of land which is not held to be EFL.
In the result, MFA Nos.42 of 2021 is allowed. The order
impugned therein is set aside and OA 79 of 1994 will stand
dismissed. MFA Nos. 75 of 2019 and 107 of 2019 will stand
dismissed. MFA 31/2018 is allowed in part. Out of the total
extent covered under the EFL notification, the area excluding the
extent covered under the Vesting notification is declared to be
not EFL land. The EFL notification will stand set aside to the
above extent.
` Sd/-
SATHISH NINAN
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
kns/-
//True Copy//
P.S. To Judge
2026:KER:12296
APPENDIX OF MFA (FOREST) NO. 75 OF 2019
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN RFA
NO.490/2008 DATED 02/07/2025 OF THIS HON'BLE
COURT.
ANNEXURE A CERTIFIED COPY OF THE ORDER IN O.A. 79/1994
OF THE FOREST TRIBUNAL, KOZHIKODE DATED
22.3.2019.
-----
2026:KER:12296
APPENDIX OF MFA (FOREST) NO. 107 OF 2019
RESPONDENT ANNEXURES
Annexure R9(a) Certified copy of the judgment in OS 79/2002
dated 22.12.2005 of the Sub Judge Nedumangad
-----
