MUHAMMED ABDUL RAZACK Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER in the Writ Petition is the appellant. The Writ Petition is filed challenging Exhibit P5 order passed by the Forest Tribunal, Kozhikode in I.A.No.51 of 2008 in O.A.No.181 of 1976.

(2.) THE Original Application was filed by the appellant claiming exemption in respect of 3.50 acres of land, which was allowed by the Forest Tribunal. I.A.No.51 of 2008 was filed stating that there was a mistake in the extent mentioned in the application and therefore, it requires to be corrected and in fact the petitioner was entitled for exemption of 12.15 acres of land and hence sought for amendment of the order passed in the Original Application.

(3.) IT is the contention of learned counsel for the appellant that the property scheduled to the Original Application was in fact 12.15 acres, as the entire boundaries of the property were clearly indicated in the application. But, it was only on account of the mistake committed by the applicant that the extent of property was mentioned only as 3.50 acres. It is the further contention that the person, who had signed the application was a retarded person and therefore, he was not aware of the entire particulars relating to the exemption to be claimed in the matter.