ABDULLA HAI T. A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the petitioner in I.A. 342/2010 in O.A. 175/1976 on the files of the Forest Tribunal, Kozhikode. The aforesaid OA was allowed as early as on 06/03/1979 and the property was restored to the petitioner through the Divisional Forest Officer, Nenmara on 25/06/2007. According to the petitioner, the custodian has committed some mistake in the restoration of possession. It is stated that the extent delivered to him is correct but instead of dividing the property comprised in Sy. No. 695/2 in the east - west direction, the property is divided in the north - south direction and while doing so, half of the property delivered was a part of the property sold by him to his brother. In order to substantiate the said contention, the petitioner has produced a copy of the sketch which would prove the identity of the property restored to him on 25/06/2007. After considering the said application, the Forest Tribunal dismissed the IA on a finding that the property was restored about 4 years back and the petition has been filed after a long time. So there is non - bona fides in the petition filed by the petitioner. The legality and correctness of the said finding is challenged in this appeal.

(2.) Heard the learned counsel for the appellant and the learned Government Pleader.

(3.) The learned counsel for the appellant advanced arguments assailing the findings of the Tribunal. The sum and substance of the arguments is that the Tribunal went wrong by not considering the application on merits.