STATE OF KERALA Vs. STEPHEN POONNEN

JUDGEMENT

(1.) This Review Petition is filed by the appellants / State authorities in the writ appeal, seeking to review the judgment dtd. 23/11/2023, by which, this Court dismissed the appeal and confirmed the decision of the learned Single Judge.

(2.) It is the case of the appellants that there is an error with regard to the observation in paragraph No.8 of the judgment that no documents were produced by the appellants to support their claim that 12.95 hectares is vested forest. Learned Counsel for the appellants would submit that the document notifying the 12.95 hectares as vested forest was produced along with an application for accepting additional documents, which was not considered by the bench while deciding the appeal and hence, the review petition may be allowed and the appeal heard afresh.

(3.) On the other hand, the learned Counsel appearing for the respondents would submit that the additional document was not produced before the learned Single Judge. I.A.No.90 of 2017 filed by the State authorities for accepting additional documents was never pressed and hence, the State authorities cannot rely the document in the absence of its acceptance.