STATE OF KERALA Vs. KEETHEDATH ABDULKHADAR

JUDGEMENT

(1.) M.F.A. No. 305 of 1996 was filed by the applicant in O.A. No. 15/92 challenging the order of the Forest Tribunal, Kozhikode. State of Kerala and the Custodian aggrieved by that part of the order have preferred M.F.A. No. 993 of 1996. Since the issues involved are the same we are disposing of the appeals by a common judgment.

(2.) Applicant preferred O.A. No. 15 of 1992 seeking a declaration that 5.20 acres of land in R.S. No. 1/1 of Payyavoor village, Taliparamba taluk is integral part of rubber plantation and was used by the applicant for ancillary purposes, such as wind belt, river belt, firewood and also to keep the perennial flow of water in the river on the western side. It is stated in the application as follows:

(3.) Detailed counter affidavit has been filed by the Divisional Forest Officer on behalf of Custodian of Forests. Maintainability of the application was questioned stating as follows: