SREEDEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.No.37 of 2019 of the files of the Forest Tribunal, Kozhikode has filed this petition under Article 227 of the Constitution of India challenging Ext.P7 order passed by the said Tribunal refusing to re-open evidence and to remit back the commission report prepared in that case.

(2.) The Original Application before the Forest Tribunal is one filed under Sec. 8(1) of the Kerala Private Forest (Vesting and Assignment) Act, 1971 seeking a declaration that the property scheduled thereunder is not a private forest vested with the Government, or in the alternative, a declaration that the said property is eligible for exemption under Sec. 3(2) of the aforesaid Act. An Advocate Commissioner deputed from the Tribunal had conducted local investigation and filed a report and sketch. During the course of trial, after the examination of the applicant, the Advocate Commissioner, and witness for respondent, an amendment application was filed for incorporating the old survey numbers 230/4 and 230/5 in the property schedule. The above amendment application was allowed by the Forest Tribunal at a stage when the evidence in the case was closed. The respondents filed additional counter statement along with a survey sketch of the property comprised in Survey No.230. In the above circumstances, the applicant filed I.A.No.184 of 2023 for re-opening the evidence, and I.A.No.185 of 2023 to remit back the commission report for the purpose of ascertaining and reporting the land comprised in the aforesaid survey numbers, on the basis of the forest sketch and Field Measurement Book produced by the respondents. Aggrieved by the dismissal of the above applications, the petitioner is here before this Court with this petition.

(3.) Heard the learned counsel for the petitioner and the learned Special Government Pleader representing the respondents.