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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
STATE OF KERALA – Appellant
Versus
H. BYJU – Respondent
| Table of Content |
|---|
| 1. facts surrounding the land and prior legal determinations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. questions on the definition of ecologically fragile land. (Para 7 , 8) |
| 3. court's determination on property classification under the law. (Para 9 , 10) |
P.Krishna Kumar, J.
This appeal by the State of Kerala is directed against the order passed by the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, in O.A. No.2 of 2011, whereby the Tribunal allowed the application filed by the respondent and declared that the application-
scheduled property is not an ecologically fragile land.
2. The material facts, in brief, are as follows: The jenmam right over the application-scheduled property, having an extent of 3.65 acres in Re-survey No.63/3/3 of Parli I Village, originally belonged to Mankata Kovilakam. Under partition deed No.824/1954 and a subsequent Will deed No.7/57 registered at S.R.O., Chittur, the property devolved upon Ramachandranunni Mannadiyar and Sumangala Cheriyamma. They later assigned the property to one Krishnankutty as per Ext.A4 sale deed, from whom the respondent purchased the property in the year 2006 under Ext.A1.
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