VINUNATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are applicants in O.A.No.12 of 2018 on the file of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Tribunal, Palakkad, which was one filed invoking the provisions of Ss. 10(1)(a) and (b) of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003, read with Rule 7(1) of Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Rules, 2007, for a declaration that the application schedule property is not coming under the definition of ecologically fragile land and to issue necessary orders to the respondents to change the revenue records in respect of that property, in their names. The appellants are before this Court, in this appeal filed under Sec. 11 of the said Act, challenging the order dtd. 31/5/2024 of the Tribunal in I.A.No.12 of 2024. That application was one filed by the applicants to frame a preliminary issue as to whether the application schedule property will come under the definition of Sec. 2(b)(i) of the Act and to hear the same as a preliminary issue. That application ended in dismissal by the impugned order dtd. 31/5/2024.

(2.) On 18/6/2024, when this appeal came up for admission, the learned Special Government Pleader (Forest) raised the question of maintainability.

(3.) Heard the learned Senior Counsel for the appellants and also the learned Special Government Pleader (Forest) for the respondents.