IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, P. KRISHNA KUMAR, JJ
STATE OF KERALA REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. – Appellant
Versus
KURIEN E. KALATHIL PROPRIETOR, PONMUDI ESTATE, T.C.14/1004, VAZHUTHACADU,THIRUVANANTHAPURAM- 695 014. – Respondent
| Table of Content |
|---|
| 1. proceedings under the kerala forest acts (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions by parties regarding land classification (Para 6 , 7 , 8) |
| 3. court's observations on tribunal's decisions (Para 9 , 10 , 11 , 12) |
| 4. issues regarding limitation and compliance with rules (Para 13 , 14 , 15 , 16) |
| 5. final assessment on limitation and parties' claims (Para 17 , 18 , 19) |
| 6. outcome regarding efl land classification and appeals (Para 20 , 21 , 22) |
J U D G M E N T
Sathish Ninan, J.
These appeals arise from orders in proceedings under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as “the Vesting Act”), and Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as “the EFL Act”).
2. The Original Application filed under the Vesting Act was allowed in part, in respect of a portion of the scheduled property of 263.27 acres. Challenging the respective parts of the order which are against the applicants and the State, they are in appeal in MFA Nos.75/2019 and 42/2021, respectively. Additional respondents 3 to 5 in the OA, who claimed rival title against the applicants, have preferred MFA 107/2019.
3.




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