Kerala High Court
Kariapurath Sreedharan vs The State Of Kerala on 4 January, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Thursday, the 4th day of January 2024 / 14th Pousha, 1945
MFA (FOREST) NO. 25 OF 2023(FILING NO.)
OA 8/2018 OF FOREST TRIBUNAL, KOZHIKODE
APPELLANT(S)/APPLICANTS:
1. KARIAPURATH SREEDHARAN, AGED 68 YEARS, S/O. UNNI RAMAN, CHOORAL
PARA,"LAKKIHILL", KARIAPURATH HOUSE, MEPPADI, VYTHIRI TALUK ,
WAYANAD DISTRICT, PIN - 673577.
2. THAYYIL NABEESA, AGED 68 YEARS, W/O CHOLASSERY SOOPPY, VELLARIMALA,
P.O. VELLARMALA, MEPPADI, VAYTHIRI TALUK, WAYANAD DISTRICT, PIN -
673577.
3. VELAKATTU MOIDEEN, AGED 65 YEARS, S/O ABOOBACKER, KODUVALLY P.O,
KODUVALLY AMSOM DESOM , KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN -
673572.
4. VELAKKATTU AMINA, AGED 66 YEARS, D/O. KIZHAKKODAN CHALIL HASSAN
HAJI, KODUVALLY AMSOM DESOM KODUVALLY.P.O, KOZHIKODE TALUK,KOZHIKODE
DISTRICT, PIN - 673572.
5. MUHAMMED, AGED 52 YEARS, S/O.LATE.K.C.MAMUKOYA KIZHAKKOTTUMCHALIL
HOUSE, KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
6. SABNA, AGED 38 YEARS, D/O. LATE.K.C.MAMUKOYA KIZHAKKOTTUMCHALIL
HOUSE, KUNNAMANGALAM , KOZHIKODE, PIN - 673571.
7. KHADEEJA, AGED 70 YEARS, W/O. LATE.K.C.MAMUKOYA, KIZHAKKOTTUMCHALIL
HOUSE, KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
8. SULIAKHA, AGED 54 YEARS, D/O. LATE.K.C. MAMUKOYA,
KIZHAKKOTTUMCHALIL HOUSE, KUNNAMANGALAM, KOZHIKODE,PIN - 673571.
9. JAMEELA, AGED 57 YEARS, D/O. LATE. AHAMMEDKUTTY HAJI, AMBATTAKKAL
HOUSE, KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
10. BEEVI HAJUMMA, AGED 74 YEARS, W/O. LATE. AHAMMEDKUTTY HAJI,
AMBATTAKKAL HOUSE, KUNNAMANGALAM KOZHIKODE, PIN - 673571.
11. AYISHAKUTTY, AGED 61 YEARS, D/O. LATE. AHAMMEDKUTTY HAJI,
AMBATTAKKAL HOUSE, KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
BY ADVS.V.V.SURENDRAN,P.A.HARISH
RESPONDENT(S)RESPONDENTS:
1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY (FOREST & WILD LIFE
OF THE GOVT. OF KERALA, THIRUVANATHAPURAM, PIN - 695001.
2. THE CUSTODIAN OF VESTED FOREST, OLAVAKKODE, PALGHAT DISTRICT, PIN -
678002.
BY SPECIAL GOVERNMENT PLEADER
This Unnumbered MFA (forest).../2023(Filing No.25/23) having come up
for orders on 04.01.2024, the court on the same day passed the following:
P.T.O
"C.R"
ANIL K. NARENDRAN & G. GIRISH, JJ.
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Unnumbered MFA (Forest) No.... of 2023
(Filing No.25 of 2023)
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Dated this the 4th day of January, 2024
ORDER
Anil K. Narendran, J.
The appellant has filed this unnumbered appeal, invoking the provisions under Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971, on payment of a court fee of Rs.100/- against a common order dated 17.11.2023 of the Forest Tribunal, Kozhikode in O.A Nos.8, 9 and 10 of 2018, original applications before the Tribunal under Section 8(1) of the Act, seeking a declaration that the application schedule properties are not private forests liable to be vested in the Government under the said Act. The defect noted by the Registry is regarding insufficiency of the court fee paid in the appeal. The question that requires consideration is whether a court fee of Rs.300/- is payable in this appeal, since the common order of the Tribunal dated 17.11.2023, which is under challenge in this appeal, deals with three original applications filed under Section 8(1) of the Act.
2. Heard the learned counsel for the appellants and also the learned Special Government Pleader for the respondent.
3. Section 8A of the Kerala Private Forests (Vesting and 2 Unnumbered MFA (Forest) No.... of 2023 (Filing No.25 of 2023) Assignment) Act, 1971 deals with appeal to the High Court. Sub- sections (1) and (2) of Section 8A read thus:
"8A. Appeal to the High Court.-
(1) The Government or any person objecting to any decision of the Tribunal may, within a period of sixty days from the date of that decision, appeal against such decision to the High Court:
Provided that the High Court may admit an appeal preferred after the expiration of the period of sixty days aforesaid if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the said period. (2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of one hundred rupees." (underline supplied)
4. Rule 4 of the Kerala Private Forests (Tribunal) Rules, 1972, which deals with the power of the Tribunal to consolidate or separate applications for settlement of disputes, reads thus:
"4. Power of Tribunal to consolidate or separate applications for settlement of disputes.- (1) The Tribunal may consolidate applications for settlement of disputes in respect of the same private forest in order to hold a common inquiry or may separately consider the applications so consolidated.
(2) The Tribunal may admit any evidence, oral or documentary, adduced or produced before it in a previous proceeding if the Tribunal considers that the matter in respect of which the evidence was adduced or produced and the matter under inquiry are similar and that such evidence is applicable in the matter under inquiry:
Provided that the applicant in respect of whose claim such 3 Unnumbered MFA (Forest) No.... of 2023 (Filing No.25 of 2023) previous evidence is admitted shall be entitled to get a copy of such evidence (where it is oral) or document as if such evidence were evidence taken in respect of his own claim."
(underline supplied)
5. In exercise of the powers conferred by Section 17 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 read with sub-section (2) of Section 8A, the Government made the Kerala Private Forest (Vesting and Assignment) Appeal Rules, 1977. Rule 3, which deals with appeal to the High Court, reads thus:
"3. Appeal to the High Court.- (1) An appeal to the High Court under Section 8A of the Act or under Section 7 of the Kerala Private Forests (Amendment) Ordinance, 1977, shall be in the form appended to these rules and shall be verified in the manner specified therein.
(2) The appeal shall be affixed with court fee stamps of the value of one hundred rupees and shall be accompanied by-
(a) a certified copy of the decision appealed against; and
(b) such number of additional copies of the appeal and the decision appealed against as there are respondents. (3) The Form of Appeal prescribed under sub-rule (1) shall mutatis mutandis be used for filing appeal or application for review under sub-section (1) of Section 8B or sub-sections (1), (2) or (3) of Section 8C of the Act.
(4) Where the Tribunal has consolidated the applications filed before him under the Act and disposed of them by a common order, it shall be necessary to file only one appeal against that order irrespective of the number of applications disposed of by such order by the Tribunal."
(underline supplied) 4 Unnumbered MFA (Forest) No.... of 2023 (Filing No.25 of 2023)
6. The statutory provisions referred to hereinbefore would make it explicitly clear that when the Tribunal has consolidated the applications filed under Section 8(1) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 for settlement of disputes in order to hold a common enquiry and disposed of those applications by a common order, in view of the provisions under sub-rule (4) of Rule 3 of the Kerala Private Forests (Vesting and Assignment) Appeal Rules, 1977 it shall be necessary to file only one appeal under Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 against that common order, irrespective of the number of applications disposed of by such order of the Tribunal and that appeal shall be accompanied by a court fee of Rs.100/-, in view of the provisions under sub-section (2) of Section 8A of the Act read with sub-rule (2) of Rule 3 of the Appeal Rules.
In that view of the matter, the defect noted by the Registry cannot be sustained. Since the appellants have paid the requisite court fee of Rs.100/-, Registry to number the appeal and list before the Bench for admission on 08.01.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE ded 04-01-2024 /True Copy/ Assistant Registrar