MUHAMMED SADIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from a common order dated 31.5.2016 passed by the Tribunal for E.F.L. Cases, I Additional District Court, Kozhikode in O.A.No.9/2012, 10/2012 and 11/2012. In fact, M.F.A.(Forest) 84/2016 arises from the order in O.A.9/2012, M.F.A.(Forest) 85/2016 arises from the order in O.A.10/2012 and M.F.A.(Forest) 86/2016 arises from the order in O.A.11/2012. The respective claimants before the Tribunal in the said original applications are the appellants herein. The respondents in all these appeals were the respondents before the Tribunal.

(2.) The facts for consideration of these appeals are as follows:

(3.) Now, a notification was issued in respect of 18.2 hectares of land comprised in resurvey No.8/1 A1A2 of Peria village of Mananthavady taluk as ecologically fragile land. As there was some mistake in respect of the southern boundary of the property, an erratum notification was published. The stand of the State is that as the land is ecologically fragile land, it is vested in the government as per the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 200 The right, title and interest over the property is vested in the government, free from all encumbrances as per the said Act. It is also the contention that the properties have been in the absolute possession and control of the State with effect from 2.6.2000, the appointed day. Since the question to be considered in all these applications was one and the same, the tribunal ordered a joint trial and dismissed the applications. Challenge is against the said order of dismissal.