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2022 Supreme(Ker) 186

P.B.SURESH KUMAR, C.S.SUDHA
State of Kerala, Represented By Chief Secretary – Appellant
Versus
Indira, D/O. Krishnan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri.Nagaraj, Narayanan, Special Government Pleader
Sri.K.Jayesh Mohankumar, Sri.Pushparajan Kodoth, Sri.T.Sethumadhavan, Smt.Vandana Menon, Sri.Alan Papali, Smt.O.V.Bindu, Smt.Dhanya P.Ashokan, Sri.P.K.Vijaya Mohan, Advs.

JUDGMENT :

C.S. Sudha, J.

This is an appeal filed against the judgment and decree dated 30/06/2012 in O.S.No.76/2008 on the file of Subordinate Judge's Court, Palakkad. The suit for compensation/damages has been decreed. Defendants 1 to 7 are the appellants and the plaintiffs and the eighth defendant, the respondents herein. The parties in this appeal will be referred to as described in the suit.

2. The plaintiffs through their power of attorney, allege in the plaint that property having a total extent of 46.35 acres situated in re-survey no.551, Vandazhi Village, Alathur Taluk, Palakkad district, was purchased by them during the period 1999-2000 by various registered documents. The property purchased by the plaintiffs was the subject matter in O.A.No.331, 333, 334 and 336 of 1976 on the file of the Forest Tribunal, Palakkad. These OAs filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (the Vesting and Assignment Act), were originally allowed by the Forest Tribunal, Palakkad, holding that the property was liable to be excluded from the provisions of the Vesting and Assignment Act. This order was set aside by this Court in M.F.A.Nos.127,128, 142 and

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