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2009 Supreme(Ker) 414

K.M.JOSEPH, M.L.JOSEPH FRANCIS
N. K. Sivaraman – Appellant
Versus
State of Kerala Rep. by Chief Secretary – Respondent


Advocates Appeared: For the Appellants :P.N. Purushothama Kaimal, Advocate. For the Respondents: M.P. Prakash, Government Pleader.

Judgment :

Joseph, J.

Common questions arise in these Appeals and they are disposed of by a common Judgment. In both these cases, the tribunal constituted under the Kerala Forest (vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as the Act), has passed interlocutory orders. In MFA.No. 125/09, the tribunal has granted temporary injunction restraining the respondents from interfering with the possession and enjoyment of the petitioner/appellants over the petition schedule property till the disposal of the Original Application. But, it was ordered that the rocky portion of the petition schedule property in Survey No.428/J5 shall not be quarried for stone. It was also ordered that the appellants shall not do any act altering the nature and character of the petition schedule property lying in the aforesaid Survey Number and they shall not cut and remove trees therefrom and grow plants or crops therein till the disposal of the Original Application. In MFA.No.119/09, the following is the interim order passed:

"In the result, this application is allowed granting temporary injunction restraining the respondents from interfering with the collection of l
























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