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2020 Supreme(Ker) 81

P.B.SURESH KUMAR
T. Easwaranunni, S/o Lakshmi Kavu Varasyar – Appellant
Versus
State of Kerala, Represented By Secretary To Government, Forest and Wild Life/Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.M.P.Madhavankutty
For the Respondent: Sri. Ranjith Thamban, Addl. Ag

JUDGMENT :

1. The writ petition is one instituted challenging Ext.P9 order of the custodian under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (the Act), in terms of which he has revised Ext.P2 order passed by his predecessor under Section 19(3)(b) of the Act.

2. The first petitioner is one of the applicants in O.A. No.257 of 1979 on the files of the Forest Tribunal, Palakkad. The second petitioner is one of the applicants in O.A. No.203 of 1979 and the third petitioner is one of the applicants in O.A. No.103 of 1979 on the files of the very same Tribunal. The said original applications were preferred claiming exemption from the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971) in respect of a few items of lands, measuring altogether 163.14 Acres. In terms of Ext.P1 common order, the Forest Tribunal allowed the original applications granting exemption to the applicants under Section 3(3) of Act 26 of 1971 in respect of the lands involved in the matters. The State challenged Ext.P1 order in appeal before this Court in M.F.A. No.471 of 1982 and this court affirmed the decision of the Tribunal. Consequently

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