[Cites 11, Cited by 0]

Kerala High Court

Vasu Menon vs Custodian (Efl) & Conservator Forest on 13 February, 2026

Author: Sathish Ninan

Bench: Sathish Ninan

                                              2026:KER:13108
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR. JUSTICE SATHISH NINAN

                             &

         THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

  FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                MFA (FOREST) NO. 118 OF 2011

  AGAINST THE COMMON ORDER DATED 31.12.2010 IN O.A.NO.2 OF

  2007 AND O.A.NO.15 OF 2008 OF FOREST TRIBUNAL, PALAKKAD

APPELLANTS/PETITIONERS:

    1    VASU MENON
         S/O.DEVAKI NETHIYAR,VALSALA MANDIR,,
         AKATHETHARA ,PALAKKAD 678 008.
    2    E.RAMDAS SO. LATE T GOPALAN KUTTY
         MENON, KRISHNAKRIPA, 4/577 ,THEKKETHARA,,
         AKATHETHARA ,PALAKKAD 678 008.
    3    SUBHADRA MOHAN DO.LATE T GOPALAN
         KUTTY MENON, KRISHNAKRIPA, 4/577 ,THEKKETHARA,,
         AKATHETHARA ,PALAKKAD 678 008.
    4    E RADHAKRISHNAN SO PADMINI NETTIYAR
         BHAMA VILAS, AKATHETHARA ,PALAKKAD.
    5    E SEKHARI VERMA SO.T.G MENON
         VALLAT HOUSE, AKATHETHARA PO, PALAKKAD-8.
    6    E PUSHPA MURALI MENON HARISREE
         CHEPPILMURI, AKATHETHARA PO, PALAKKAD-8.
    7    SHARADHA NETHIYAR ELAYACHANIDOM
         AKATHETHARA PO, PALAKKAD-8.
         BY ADV SRI.H.BADARUDDIN
                                                       2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                    -: 2 :-


RESPONDENTS/RESPONDENTS:

     1         CUSTODIAN (EFL) & CONSERVATOR FOREST
               FOREST HEADQUARTERS,
               THIRUVANANTHAPURAM - 695 001.
     2         STATE OF KERLA
               FOREST AND WILDLIFE DEPARTMENT, REPRESENTED
               BY, SECRETARY,GOVERNMENT SECRETARIAT,,
               THIRUVANANTHAPURAM 695 001.
     3         THE CONSERVATOR OF FOREST
               EASTERN CIRCLE, OLAVAKODE, PALAKKAD 678 009.
     4         THE DIVISIONAL FOREST OFFICER
               OLAVAKODE PALAKKAD 678 009
     5         HEMA RAMAKRISHNAN 5-C KAMARAJ STREET
               AVADI EAST CHENNAI. 600054.
     6         V.P. SREENIVAS, KAMARAJ STREET, WEST GANDHI
               NAGAR, AVADI, CHENNAI - 600 054.
     7         V.P. JAYA, KAMARAJ STREET, WEST GANDHI NAGAR,
               AVADI, CHENNAI - 600 054.
     8         SATHISH CHANDRA VARAMA V.N.,
               S/O.BALAKRISHNA MENON, NELLICKAL EDAM,
               OBIMKADAVU P.O., VANDAZHI, PALAKKAD - 678 706.
               BY ADVS.
               SRI.M.P.MADHAVANKUTTY
               SHRI.RAJESH SIVARAMANKUTTY
               BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P.
               (FOREST)
               ADV.ARAVIND V. MATHEW, GP


THIS     MFA     (FOREST)    HAVING      COME   UP   FOR   HEARING    ON
13.02.2026,        ALONG     WITH     MFA     (FOREST).125/2017      AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                               2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                   -: 3 :-




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                     &

         THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                   MFA (FOREST) NO. 173 OF 2011

         AGAINST THE COMMON ORDER DATED 31.12.2010 PASSED

IN O.A.NO.2 OF 2007 ON THE FILE OF THE TRIBUNAL OF THE

 KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY

FRAGILE LANDS) PALAKKAD (ADDITIONAL DISTRICT COURT - I,

                                 PALAKKAD)

APPELLANT/APPLICANT:

            V.N.SATHEESH CHANDRA VARMA
            S/O.BALAKRISHNA MENON,NELLICKAL EDAM,,
            OLIMKADAVU POST, VANDAZHI,PALAKKAD,
            (REPRESENTING, FAMILY MEMBERS WHO ARE THE
            LEGAL HEIRS OF DECEASED, DEVAKI @ AMMUKUTTY
            NETHIAR)

            BY ADV SHRI.RAJESH SIVARAMANKUTTY
                                                       2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                    -: 4 :-


RESPONDENTS/RESPONDENTS:

     1         CUSTODIAN (ECOLOGICALLY FRAGILE LANDS)&
               CONSERVATOR OF FOREST,FOREST HEAD QUARTERS,
               THIRUVANANTHAPURAM.

     2         STATE OF KERALAREP.BY CHIEF SECRETARY
               GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.

     3         STATE OF KERALAREP.BY SECRETARY
               FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT,
               SECRETARIAT,THIRUVANANTHAPURAM.

     4         CONSERVATOR OF FORESTS
               EASTERN CIRCLE, OLAVAKKODE , PALAKKAD
               DISTRICT.

     5         DIVISIONAL FOREST OFFICER, OFFICE OF THE
               DIVISIONAL FOREST OFFICER, PALAKKAD.

               BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P.
               (FOREST)
               ADV.ARAVIND V. MATHEW, GP


THIS     MFA     (FOREST)    HAVING      COME   UP   FOR   HEARING    ON
13.02.2026,        ALONG     WITH     MFA     (FOREST).125/2017      AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                              2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                   -: 5 :-




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                     &

         THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

             AMENDED MFA (FOREST) NO. 125 OF 2017

           AGAINST THE COMMON ORDER DATED 31.12.2010 IN

  O.A.NO.2 OF 2007 ON THE FILE OF THE TRIBUNAL OF THE

 KERALA FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY

FRAGILE LANDS) PALAKKAD (ADDITIONAL DISTRICT COURT - I,

                                 PALAKKAD)

APPELLANTS:

     1      DEVI.N.K
            W/O.NARAYANANKUTTY MENONDEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O, PALAKKAD

     2      E SANGEETHA MENON
            D/O. DEVI N K MENON, 501,NIVIN NAGAW 2CO-
            OPERATIVE HOUSING SOCIETY LTDCHAPEL LANE, S.V
            ROAD, SANTACRUZ (WEST)MUMBAI 400
            054REPRESENTED BY HER MOTHER AND POWER OF
            ATTORNEY HOLDERDEVI N.K MENON, W/O.
            NARAYANANKUTTY MENON, DEVI NIVAS, THOTTAPPURA
                                             2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                 -: 6 :-


            MALAMPUZHA P.O, PALAKKAD

     3      E PRIYA MENON
            D/O. DEVI N.K MENON,DEVI NIOVAS, THOTTAPPURA,
            MALAMPUZHA P.O, PALAKKAD

     4      T.SASIDHARAN
            S/O. DEVAYANI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O,PALAKKAD

     5      T SURENDRAN
            S/O. DEVAYANI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O, PALAKKAD

     6      RAKHI
            D/O.PARVATHI NETTIAR,DEVI NIVAS, THOTTAPPURA,
            MALAMPUZHA P.O, PALAKKAD

     7      USHA
            D/O. PARVATHI NETTIAR,DEVI NIVAS, THOTTAPPURA,
            MALAMPUZHA P.O, PALAKKAD

     8      T. SOMANATH
            S/O. PARVATHY NETTIAR,DEVI NIVAS, THOTTAPPURA,
            MALAMPUZHA P.O, PALAKKAD

     9      V.N DEVAKI KUTTY
            D/O. V.N SATHYABHAMA NETTIAR,DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O, PALAKKAD

    10      N.N AMMUKUTTY
            D/O. V.N SATHYABHAMA NETTIARDEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O, PALAKKAD

    11      V.N MUKUNDAN
            D/O. V.N SATHYABHAMA NETTIAR,DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O, PALAKKAD
                                                       2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                    -: 7 :-


    12         UMA DEVI
               DEVI NIVAS, THOTTAPPURA, MALAMPUZHA P.O,
               PALAKKAD

               BY ADV SRI.M.P.MADHAVANKUTTY


RESPONDENTS:

     1         SATHEESH CHANDRA VARMA,
               S/O.BALAKRISHNA MENON, NELLICKAL EDAM,
               OLIMKADAVU.P.O., VANDAZHI, PALAKKAD - 678 001.
     2         CUSTODIAN(EFL) & CONSERVATOR FOREST,
               FOREST HEADQUARTERS, THIRUVANANTHAPURAM - 695
               001.
     3         STATE OF KERALA,
               FOREST AND WILD LIFE DEPARTMENT, REPRESENTED
               BY SECRETARY, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.
     4         CONSERVATOR OF FOREST,
               EASTERN CIRCLE, OLAVAKODE, PALAKKAD - 678 009.
     5         DIVISIONAL FOREST OFFICER,
               PALAKKAD 678001.
               BY ADVS.
               SHRI.RAJESH SIVARAMANKUTTY
               BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P.
               (FOREST)
               ADV.ARAVIND V. MATHEW, GP



THIS     MFA     (FOREST)    HAVING      COME   UP   FOR   HEARING   ON
13.02.2026,        ALONG         WITH   MFA     (FOREST)NOS.118/2011,
173/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                               2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                   -: 8 :-



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                     &

         THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                   MFA (FOREST) NO. 136 OF 2017

           AGAINST THE COMMON ORDER DATED 31.12.2010 IN

  O.A.NO.15 OF 2008 BEFORE THE TRIBUNAL OF THE KERALA

FOREST (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE

     LANDS) PALAKKAD (ADDITIONAL DISTRICT COURT - I,

                                 PALAKKAD)

APPELLANTS/THIRD PARTY:

     1      DEVI N.K.MENON
            W/O. NARAYANANKUTTY MENON, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     2      E. SANGEETHA MENON
            D/O. DEVI N.K. MENON, 501, NAVIN NAGAR-2, CO-
            OPERATIVE HOUSING SOCIETY LTD., CHAPEL LANE,
            S.V. ROAD, SANTACRUZ (WEST), MUMBAI - 400 054.
            REPRESENTED BY HER MOTHER AND POWER OF
            ATTORNEY HOLDER, DEVI N.K.MENONW/O.
            NARAYANANKUTTY MENON, DEVI NIVAS, THOTTAPPURA,
            MALAMPUZHA P.O., PALAKKAD.
                                             2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                 -: 9 :-



     3      E. PRIYA MENON
            D/O. DEVI.N.K.MENON, DEVI NIVAS, THOTTAPPURA,
            MALAMPUZHA P.O., PALAKKAD.

     4      T. SASIDHARAN
            S/O. DEVAYANI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     5      T. SURENDRAN
            S/O. DEVAYANI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     6      RAKHI
            D/O. PARVATHI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     7      USHA
            D/O. PARVATHI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     8      T. SOMANATH
            S/O. PARVATHI NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

     9      V.N. DEVAKI KUTTY
            D/O. V.N. SATHYABHAMA NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

    10      N.N. AMMUKUTTY
            D/O. V.N. SATHYABHAMA NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

    11      V.N. MUKUNDAN
            D/O. V.N. SATHYABHAMA NETTIAR, DEVI NIVAS,
            THOTTAPPURA, MALAMPUZHA P.O., PALAKKAD.

    12      UMA DEVI
                                             2026:KER:13108

M.F.A. (Forest) No.118 of 2011
and conn.cases
                                 -: 10 :-


            DEVI NIVAS, THOTTAPPURA, MALAMPUZHA P.O.,
            PALAKKAD.

            BY ADV SRI.M.P.MADHAVANKUTTY


RESPONDENTS/APPLICANT/RESPONDENTS:

     1      VASU MENON
            S/O. DEVAKI NETTIAR, VALSALA MANDIR,
            AKATHETHARA, PALAKKAD - 678 008.

     2      STATE OF KERALA
            REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM.

     3      THE CUSTODIAN
            (ECOLOGICALLY FRAGILE LAND) AND PRINCIPAL
            CHIEF CONSERVATOR OF FORESTS, (EXTW), STATE OF
            KERALA, THIRUVANANTHAPURAM.

            BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P.
            (FOREST)
            ADV.ARAVIND V. MATHEW, GP

THIS MFA (FOREST) HAVING COME UP FOR HEARING ON
13.02.2026,   ALONG WITH  MFA  (FOREST).125/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                                    2026:KER:13108



                  SATHISH NINAN & P. KRISHNA KUMAR, JJ.
                    = = = = = = = = = = = = = = = = = =
                 M.F.A. (Forest) Nos.118 and 173 of 2011
                                    and
                M.F.A. (Forest) Nos.125 and 136 of 2017
                    = = = = = = = = = = = = = = = = = =
                Dated this the 13th day of February, 2026

                                     JUDGMENT

Sathish Ninan, J.

The Original Petitions challenging the notification

under the Kerala Forests (Vesting and Management of

Ecologically Fragile Lands) Act, 2003 (hereinafter referred

to as 'the EFL Act') was dismissed by the Tribunal.

M.F.A.Nos.173 and 118 of 2011 are by the respective

applicants in O.A.No.2 of 2007 and O.A.No.15 of 2008. M.F.A.

(Forest) Nos.125 and 136 of 2017 are by third parties. They

claim to be sharers in the property along with the

applicants.

2. The property involved has an extent of 90 acres. It

originally belonged to the Tavazhy of Devaki @ Ammukutty

Nethiyar under Jenmom Assignment Deed No.2994/1940. On her 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

death, the property vested with the members of her family,

45 in number. The property was notified under the Kerala

Private Forests (Vesting and Assignment) Act (hereinafter

referred to as 'the Vesting Act'). A few members of the

family challenged the same in O.A.No.156 of 1979. After an

initial round of remand, the Original Application was

finally allowed by this Court as per the judgment dated

09.03.1993 in M.F.A. (Forest) No.445 of 1987.

3. On the failure of the State to restore possession

of the property, there was a Writ Petition before this Court

followed by Contempt of Case (C) No.281 of 1997. Finally,

the property was restored possession of, on 22.12.1997.

Simultaneously, the property was notified under Section 5 of

the Kerala Preservation of Trees Act, 1986. This was

followed by the notification under the EFL Act dated

02.01.2001. The same is under challenge in the Original

Applications filed by two members of the family.

4. The applicants contended that the property is not an 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

ecologically fragile land under the EFL Act and that it is

not covered with naturally grown trees and undergrowth. It

was claimed that the land is principally used for

cultivation of cashew. The intention to cultivate cashew was

accepted by this Court in M.F.A.(Forest) No.445 of 1987.

However, since the actual physical possession was not

restored, the cultivation could not be continued.

5. On the evidence, the Tribunal found that the

application schedule property satisfies the definition of

'ecologically fragile land' and 'forest' under Section 2 (b)

and (c) of the EFL Act and accordingly, dismissed the

Original Applications.

6. We have heard Shri.M.P. Madhavankutty, the learned

counsel for the appellants in M.F.A.(Forest) Nos.125 and 136

of 2017. There is no appearance for the appellants in other

appeals. We have also heard Shri.Nagaraj Narayanan, the

learned Special Government Pleader (Forests), on behalf of

the respondents.

2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

7. The learned counsel for the appellants argued

that, the Original Applications were filed by two co-sharers

of the property for and on behalf of the other members of

the family. There was a suit for partition in the family as

O.S.No.102 of 2002. The final decree was passed in the suit

on 20.02.2009. The appeal challenging the same as A.S.No.239

of 2009 was dismissed on 03.03.2014. Though the appellants

in M.F.A. Nos.125 and 136 of 2017 had not preferred any

original applications, they being co-sharers, are entitled

to maintain the appeal, it is argued.

8. We do notice that this Court had granted leave to

appeal pursuant to which M.F.A.(Forest) Nos.125 and 136 of

2017 were registered. There is no dispute before us that the

appellants therein are also the sharers of the property. At

the time when the Original Applications were filed, the suit

for partition was pending. The appellants being co-sharers

of the property, their appeals are liable to be considered

on merits.

2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

9. The learned counsel for the appellants submitted

that, merely for the reason that the property may presently

satisfy the requirements of an ecologically fragile land,

that by itself may not be sufficient to declare it to be so.

Though going by the records the possession of the property

was restored on 22.12.1997, it was only a paper delivery.

There was no restoration of physical possession. It is also

contended that, along with the order for restoration, the

State had issued a notification under Section 5 of the

Kerala Preservation of Trees Act, thus prohibiting felling

of trees. The proceedings under the Vesting Act were allowed

under Section 3 (3) of the Vesting Act, upholding the

applicants intention to cultivate. The notification under

the Kerala Preservation of Trees Act prevented the

applicants from cultivating the property. Pending such

prohibition the EFL notification has published. Thus, the

State having prevented the applicants from cultivating the

property, cannot be heard to contend that the property has 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

partaken the character of ecologically fragile land, it is

contended. The decision in Kumari Varma v. State of Kerala [2011 (1) KLT

1008] has thus declared the law, he contended. Finally, he

prayed for remanding the matter granting the appellants

opportunity to adduce evidence in the original applications.

10. The contention that the restoration of possession

was only on paper and the actual physical possession was not

handed over, cannot be countenanced. As was noticed earlier,

the restoration of possession was pursuant to a contempt

proceedings before this Court. If the applicants had not got

actual physical possession of the property, nothing

prevented them from bringing it to the notice of this Court.

No objection regarding failure to deliver actual physical

possession is seen urged at any point of time till the

filing of the original applications, before any forum or

authority. Therefore, the said contention is only to be

negatived.

11. On restoration of possession on 22.12.1997, the 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

property was simultaneously notified under Section 5 of the

Kerala Preservation of Trees Act. The notification prohibits

removing of any trees standing in a private forest. Section

5 of the Kerala Preservation of Trees Act reads thus;

"5. Prohibition of cutting of tree in notified areas.- (1) Notwithstanding anything contained in any law for the time being in force, or in any judgment, decree or order of any court, tribunal or other authority, or in any agreement or other arrangement, the Government may, with a view to preserving the tree growth in private forest, or in the Cardamom Hills Reserve or in any other areas cultivated with cardamom, by notification in the Gazette, direct that no tree standing in any such area specified in the notification shall be cut, uprooted, burnt or otherwise destroyed except on the ground that-

(a) the tree constitutes a danger to life or property; or

(b) the tree is dead, diseased or windfallen:

Provided that the provisions of this sub-section shall not be deemed to prevent the pruning of any tree as required by ordinary agricultural or horticultural practices.

(2) No person shall, without the previous permission in writing of the authorised officer, cut, uproot, burn or otherwise destroy or cause to be cut, uprooted, burnt or otherwise destroyed any tree in any area specified in the notification under sub-section (1) on any of the grounds specified therein.

Explanation I. - For the purposes of this section, the term "tree" shall 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

include any species of tree.

Explanation II.- For the purposes of sub-section (1), the expression "private forest" means any land which immediately before the 10 th day of May, 1971, was a private forest as defined in the Kerala Private Forests (Vesting and Assignment) Act, 1971."

The proceedings under the Vesting Act culminated in favour

of the applicants. Their intention to cultivate the

property, as provided under Section 3 (3) of the Vesting Act

was upheld. The effect of such finding is that, though the

property continues to be a 'private forest' under the

Vesting Act, exemption is granted under Section 3 (3),

recognizing the intention of the applicants to cultivate the

property. Section 3(3) of the Vesting Act reads thus:-

"S.3(3). Nothing contained in sub-section (1) shall apply in respect of so much

extent of private forests held by an owner under a valid registered document of title

executed before the appointed day and intended for cultivation by him, which

together with other lands held by him to which Chapter III of the Kerala Land

Reforms Act, 1963, is applicable, does not exceed the extent of the ceiling area

applicable to him under Section 82 of the said Act."

The contention of the appellants is that, to cultivate the 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

property, the trees standing therein had to be removed,

which was prevented by the notification under the Kerala

Preservation of Trees Act.

12. Though the notification under Section 5 of the

Kerala Preservation of Trees Act prohibits removing of trees

from the property, the proviso to Section 5 (1) enables

agricultural activities by pruning the trees. Therefore,

having obtained restoration of the property, nothing

prevented the applicants from having carry out agricultural

operations by pruning the trees. Having not even attempted

to do so, they cannot be heard to say that they were

prevented from cultivating the property.

13. The above apart, if at all the applicants had a

grievance that the notification under the Kerala

Preservation of Trees Act operates against the order under

the Vesting Act, they ought to have taken up the matter

before the appropriate forum. Such a course was not resorted

to. Having not adopted either of the courses, the contention 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

that, consequent on the notification issued by the State,

the applicants were prevented from cultivating the property,

has no force. The decision in Kumari Varma(supra) does not come

to their aid.

14. That, as on the appointed day, namely, 02.06.2000,

the property in question satisfied the definition of

'ecologically fragile land', is beyond dispute. Ext.C2

Commissioner's reports describe about the forest growth in

the property. Coupled with the same is Ext.A7 report of the

Expert Committee. The relevant part of the report, which is

of significance, reads thus:-

"The OA property is part of the Dhoni hills and is of 90 acres in area. This by far is the largest EFL notified plot in Palakkad Forest Division. The area is fully covered with secondary growth of moist deciduous forest with an average of 40 percent density in the lower slopes and about 60% cover in the upper slopes. The area is surrounded on all three sides by vested forest and a stream forms the 4th boundary. The vested forest portion adjoining OA property also consists of moist deciduous growth. Thus the entire hill slope is covered by reasonably dense growth of moist deciduous forest and the OA property is a part of that contiguous forest. Hence the 2026:KER:13108

M.F.A. (Forest) No.118 of 2011 and conn.cases

area should be protected as such and committee recommends its continuation under 'Ecologically Fragile Land' notification."

Therefore, it appears that, as on the relevant date, the

property was an 'ecologically fragile land', satisfying the

ingredients of the definitions of 'Forest' and 'Ecologically

Fragile Land' under Section 2 (b) and (c) respectively, of

the EFL Act. The Tribunal was right in having held so.

15. Though the learned counsel for the appellants

prayed for a remand, we are of the opinion that no purpose

would be served by doing so. The relevant factual aspects

are available on record. Incidentally, we do also notice

that, the appellants did not file original application nor

get themselves impleaded in the Original Applications. Even

these appeals were preferred by them only in the year 2017.