STATE OF KERALA Vs. MINI

JUDGEMENT

(1.) This appeal has been filed by the State and the officials of the Forest Department, under Section 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, against the order dated 10.04.2018 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, in O.A.No.31 of 2010, an application filed by the respondent herein under clauses (a) and (b) of sub- section (1) of Section 10 of the said Act, seeking a declaration that the application schedule property having an extent of 37.5 cents comprised in Survey No.2288 pt in Palakkayam Village is not an ecologically fragile land. The Tribunal allowed that application, by the impugned order dated 10.04.2018, and declared that the application schedule property is not an ecologically fragile land.

(2.) On 22.01.2021, the State and its officials have filed this appeal, along with C.M.Application No.1 of 2021 filed under Section 5 of the Limitation Act, 1963 seeking an order to condone the delay of 933 days in filing the appeal. In C.M.Appln.No.1 of 2021, this Court issued notice to the respondent on 01.02.2021, in his address mentioned in O.A.No.31 of 2010.

(3.) The notice issued to the respondent returned with an endorsement "not known". On 16.07.2021, this Court noticed that the address of the respondent herein mentioned in this appeal, which is his address mentioned in O.A.No.31 of 2010 filed before the Tribunal under Section 10 of the Act, read with sub-rule (1) of Rule 3 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal Rules, 2007, is incomplete and that defect was not notified by the Tribunal, as provided under sub-rule (2) of Rule 3. On 16.07.2021 and thereafter on 22.07.2021, the learned Special Government Pleader sought time to take out fresh notice to the respondent in his correct address. Today, the learned Special Government Pleader seeks further time, since he is yet to get the correct address of the respondent.