KALLIYARA ESTATES PVT LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, the plaintiff in O.S.No.205 of 2006, Sub Court, Palakkad, is aggrieved by the order dated 11.8.2010 passed by the court below dismissing I.A.No.133 of 2010 filed by the plaintiff for summoning witnesses.

(2.) THE suit is for a declaration that the plaint schedule property, having an extent of 3300 acres, exclusively belongs to the plaintiff and that defendants 1 to 8 or any of them have to manner of right, title, possession or interest in the property. There is also a prayer for permanent prohibitory injunction restraining defendants 1 to 8 from trespassing into the plaint schedule property. Defendants 1 to 8 are: (1) State of Kerala; (2) Conservator and Custodian or Vested Forest, Olavakkode, Palakkad; (3) District Forest Officer, Olavakkode; (4) Village Officer, Malampuzha; (5) Kerala Forest Development Corporation; (6) Prakashini G. Menon; (7) Jayasree Nair and (8) Kallekulangara Sri Emoor Bhagavathy Temple. In the written statement filed by the third defendant, a contention is raised that the suit is barred under the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971.

(3.) IN the affidavit accompanying the application, the petitioner stated thus: