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2025 Supreme(Online)(Ker) 29153

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, J
STATE OF KERALA REP.BY CHIEF SECRETARY – Appellant
Versus
MARSHIDA M – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Nagaraj Narayanan
For the Respondents: Shri.E. Narayanan

Table of Content
1. court reviews legality of tribunal orders regarding road repair. (Para 1 , 2 , 5)
2. the court discusses the significance of adhering to tribunal's restrictions. (Para 3 , 4 , 7)
3. final decision emphasizes compliance with restrictions during repairs. (Para 8)

Sathish Ninan, J.

In these original petitions, the State challenges the interim orders passed by the Forest Tribunal in the Original Applications under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (EFL Act), permitting the respective applicants to repair the existing road leading to the application schedule properties.

2. The respective respondents herein are the petitioners in the respective Original Applications before the Forest Tribunal, claiming exemption from vesting under the EFL Act. Pending the Original Applications, on the interlocutory applications filed by the respective applicants, the Tribunal passed orders, the operative portion which are verbatim in all these matters, reads thus;

“In the result, all these applications are allowed and the petitioners are permitted to repair the existing road which is being used as ingress and egress to the petition schedule

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