Vinunath vs State Of Kerala on 20 June, 2024

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Kerala High Court

Vinunath vs State Of Kerala on 20 June, 2024

The appellants are applicants in O.A.No.12 of 2018 on the file of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, which was one filed invoking the provisions of Sections 10(1)(a) and (b) of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003, read with Rule 7(1) of Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Rules, 2007, for a declaration that the application schedule property is not coming under the definition of ecologically fragile land and to issue necessary orders to the respondents to change the revenue records in respect of that property, in their names. The appellants are before this Court, in this appeal filed under Section 11 of the said Act, challenging the order dated 31.05.2024 of the Tribunal in I.A.No.12 of 2024. That application was one filed by the applicants to frame a preliminary issue as to whether the application schedule property will come under the definition of Section 2(b)(i) of the Act and to hear the same as a preliminary issue. That application ended in dismissal by the impugned order dated 31.05.2024.

MFA (FOREST) NO. 5 OF 2024

2. On 18.06.2024, when this appeal came up for admission, the learned Special Government Pleader (Forest) raised the question of maintainability.

3. Heard the learned Senior Counsel for the appellants and also the learned Special Government Pleader (Forest) for the respondents.

4. Section 11 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 deals with appeal to the High Court. As per sub-section (1) of Section 11, 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. As per the proviso to sub-section (1) of Section 11, the High Court may admit an appeal preferred after the expiry of the period of sixty days if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the aforesaid period.

5. Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 contains a provision for appeal to the High Court from any decision of the Tribunal constituted under that Act. As per sub-section (1) of Section 8A, the Government or any person objecting to any decision of the Tribunal may, within a MFA(FOREST) No.5 OF 2024 5 period of sixty days from the date of that decision, appeal against such decision to the High Court. As per the proviso to sub-section (1) of Section 8A, 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.

6. In the context of the provisions contained in Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971, a Division Bench of this Court held in Muhammadkutty v. Forest Tribunal [1978 KLT 619] that only the decision adjudging the claim made in the application filed under sub-section (1) of Section 8 is appealable under sub-section (1) of Section 8A of the Act and not each and every order passed by the Tribunal in the course of that proceedings leading up to that decision.

7. The law laid down by the Division Bench in Muhammadkutty v. Forest Tribunal [1978 KLT 619] was approved by a Full Bench of this Court in Varkey v. State of Kerala [1980 KLT 632]. In view of the law laid down by the Full Bench, the expression 'decision' used in sub-section (1) of Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 connotes only the final decision rendered by the Tribunal in the disputes made mention of in sub-section (1) of Section 8 of 6 MFA (FOREST) NO. 5 OF 2024 the Act and that orders which do not resolve or finally decide such disputes are not appealable under sub-section (1) of Section 8A of that Act.

8. A reading of the provisions under sub-section (1) of Section 11 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 would show that it is pari materia to the provisions contained in sub-section (1) of Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971, dealt with by the Full Bench of this Court in Varkey [1980 KLT 632].

9. Therefore, conclusion is irresistible that the expression 'decision' used in sub-section (1) of Section 11 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 connotes only the final decision rendered by the Tribunal in the disputes made mention in sub-section (1) of Section 10 of the said Act and that orders of the Tribunal which do not resolve or finally decide such disputes are not appealable under sub- section (1) of Section 11 of that Act.

10. In such circumstances, the appellants who are the applicants in O.A.No.12 of 2018 cannot invoke the appellate jurisdiction of this Court sub-section (1) of Section 11 of the MFA(FOREST) No.5 OF 2024 7 Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003, challenging the order dated 31.05.2024 of the Tribunal in I.A.No.12 of 2024, whereby their request in that application stands rejected, for the reason stated therein. If the applicants are feeling aggrieved by that order, their remedy is to challenge the same by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, on any permissible grounds.

In the result, this appeal filed on 13.06.2024 fails on the ground of maintainability and the same is accordingly dismissed as not maintainable. The Registry to return the certified copy of the order dated 31.05.2024 of the Tribunal to the learned Instructing Counsel for the appellants.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

HARISANKAR V. MENON, JUDGE DCS

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Kerala High Court