STATE OF KERALA Vs. IBRAHIM

JUDGEMENT

(1.) These two appeals are filed by the State challenging the judgments of the learned Single Judge dated 13.8.2014 in W.P.(C) No. 14664 of 2014 and W.P.(C) No. 14858 of 2014. The writ petitioners are the respondents in these appeals. They had filed the writ petitions referred to above seeking a direction to the Village Officer, Thariyode Village to receive the land tax in respect of the properties comprised in Sy. No. 685/1A ( New Sy. No. 11 in Block No. 3) in Thariyode Village. The writ petitions have been allowed and the learned Single Judge has issued the direction that was sought for. The aggrieved State is in appeal before us.

(2.) According to the respondents, they have acquired title and possession over portions of the property comprised in Sy. No. 685/1A (Resurvey No. 11 Block 3) of Thariyode Village. The respondent in W.A. No. 633 of 2015 claimed to have obtained title to the property as per sale deed No. 1534/1989 of the Sub Registrar's Office, Vythiri. According to the respondents in W.A. No. 1813 of 2015, they had obtained title and possession over an extent of 4.40 hectares of land and 2.0235 hectares of land respectively in Sy. No. 685/1A of Thariyode Village by virtue of two separate sale deeds bearing Nos. 1366/1989 and 1536/1989 respectively of the Sub Registrar's Office, Vythiri. They claimed to be in absolute possession and enjoyment of the properties on the strength of the sale deeds obtained by them.

(3.) The State had initiated action under the Kerala Private Forests (Vesting and Assignment) Act, 1971 against the properties while it was under the ownership and possession of the predecessor of the respondents in these appeals. He had challenged the said proceedings before the Forest Tribunal, Kozhikode in O.A. No. 221 of 1976. The said proceedings ended in favour of the predecessor-in-interest of the respondents. Though the said orders were made the subject matter of appeals by the State in M.F.A. No. 186 of 1979, the same was dismissed by this Court. Thereafter, a Notification was issued by the State under the provisions of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to 'EFL Act' for short) on 4.10.2000. According to the respondents, their properties were liable to be exempted under the provisions of the EFL Act. They had therefore challenged the proceedings issued under the EFL Act in O.A. Nos. 36 of 2016, 6 of 2016 and 3 of 2016 before the Tribunal for EFL cases, Kozhikode. The said applications have been allowed by a common order dated 31.5.2017 of the EFL Tribunal produced as Annexure R1 in W.A. No. 1813 of 2015. According to the learned Government Pleader M.F.A. Nos. 98, 99 and 100 of 2018 have been filed by the State challenging Annexure R1 order of the EFL Tribunal. The appeals are pending.