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2021 Supreme(Ker) 677

ANIL K.NARENDRAN, M.R.ANITHA
State of Kerala - Represented by The Chief Secretary – Appellant
Versus
Baburaj, S/O. Velappan Kutty Kalathil Veedu Muttikkulangara – Respondent


Advocate Appeared:
For the Petitioner: Sri.Nagaraj Narayanan, SPL. Government Pleader
For the Respondent:M/S. Kaleeswaram Raj, Varun C.Vijay, A.Aruna, Thulasik, Raj, Maitreyi Sachidananda Hegde, Advocates and U.Balagangadharan

ORDER :

Anil K.Narendran, J.

The State of Kerala and the Custodian of Ecologically Fragile Lands have filed this C.M. Application under Section 5 of the Limitation Act, 1963, seeking an order to condone the delay of 494 days in filing M.F.A.(Forest)No.150 of 2019, an appeal filed under Section 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003, against the order dated 17.03.2018 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, in O.A.No.31 of 2008. The respondents herein filed that original application, under Section 10(1)(a) and (b) of the said Act, to declare that the application schedule property having an extent of 4.01 Hectors, comprised in Sy.Nos.237/A, 230, 192/D, 192/D1 and 231 of Puduppariyaram Village, is not an ecologically fragile land.

2. This C.M.Application is supported by an affidavit sworn to by the 2nd appellant, the Custodian (Ecologically Fragile Lands), dated 23.09.2019. Along with I.A.No.3 of 2019, the appellants have produced Ext.B1 expert report on biodiversity and floristic exploration of the application schedule property in O.A.No.31 of 2008, which is under Olavakkode Range of

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