The main legal point established in the judgment is that the civil court has no jurisdiction to consider the questions of title and rights as the matter was pending before the Tribunal constituted under the Act of 2003.

A. HARIPRASAD, J.

1. Plaintiffs in a suit for permanent prohibitory injunction, who lost in two courts below, are the appellants. Defendants are the respondents.

2. Skeletal facts are as follows:-

Plaintiffs claimed right, title and possession over plaint A schedule property having a total extent of 17.90 acres comprised in re-survey Nos. 428J-3 to 5. They purchased the property through various assignment deeds. On the north-western side of the property, the plaintiffs have established a stone crusher unit after obtaining all the required licenses and permits. Besides, residential facility is also provided to workers employed in the crusher unit. The property is secured by barbed fencing and earthen wall. Plaint B schedule property is a public road used by the plaintiffs and their predecessors-in-title. It starts from Kazhani-Chungam-Thennilapuram PWD road and proceeds to east. It touches the north-western side of plaint A schedule property and goes upto Muttalam Harijan Colony as beaten track. Plaint B schedule runs through survey No. 99A/5 of Kavassery-II Village and has a width of 7 metres. Defendants obstructed the passage. So the plaintiffs approached the Sub Divisional Magistrate. By order dated 30.07.1997, the Sub Divisional Magistrate, after obtaining a report from the Village Officer directed the defendants to remove the obstructions. As per order of this Court in M.F.A. No. 757 of 1987, an extent of 24.10 acres comprised in survey No. 99A/5 was declared not a vested forest. It is the contention of the appellants that for no reason the plaint B schedule can be treated as vested forest. No Settlement Officer was appointed to decide the issue in this regard. The plaint was amended subsequently. The amendment was necessitated on account of the decision of the Tribunal constituted under the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (in short, "Act of 2003") in O.A. No. 45 of 2008. Appellants contended that the Tribunal by judgment dated 18.12.2009 declared that except the rocky area in the property, no other property would come within the purview of the notification under the said Act. However, dissatisfied with the judgment of the Tribunal in the above O.A. both the State and the appellants preferred appeals and they are pending before this Court. Therefore, the appellants prayed for a prohibitory injunction against the defendants from interfering with vehicular entry to plaint A schedule property through plaint B schedule property and for such other reliefs.

3. The defendants raised the following contentions in the written statement. Plaint A schedule property is vested with the Government of Kerala as per the provisions in the Act of 2003. Plaint B schedule property is also vested with the Government in accordance with the provisions under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (in short, "Act of 1971"). The suit is not maintainable in view of Sections 7 to 10 of the Act of 1971. Plaint schedule property comprising in old survey Nos. 428J/3 to 5 of Kavassery-I Village (new survey Nos. 263/3 and 4) is vested with the Government by E.F.L. Notification No. 6/121/2006 dated 25.07.2006. It has been duly published in the Kerala Gazette on 22.08.2006. Purchase certificates issued in suo motu proceedings were cancelled by the Appellate Authority under the Kerala Land Reforms Act as per orders in A.A. Nos. 36 to 41 of 1996 dated 30.04.2009. According to the defendants, the crusher unit owned by the appellants is not functioning and the employees are not residing in the quarters provided. Plaint B schedule road never proceeded to any Harijan Colony. The attempt of the appellants is to regularise an illegally set up crusher unit functioning in the vested forest. The extent of 14.339 hectares of land covering Vellappara-Kunnu-Malavaram is copious with rare species of trees and birds. In order to avoid trespass into the forest land, gates have been placed as per th