SATYANARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The learned single Judge has referred this original petition to the Division Bench at the stage of preliminary hearing obviously because he entertained a doubt as regards the maintainability of this writ petition.

(2.) What is challenged in this writ petition is an order made by the Forest Tribunal, Palghat, Ext. P16, appointing a Commissioner for the purpose of ascertaining the age of the trees and as to whether it was cultivated in the year 1954 etc. The said order has been made in a proceeding that is pending before the Tribunal under S.8B of the Private Forests (Vesting and Assignment) Act. Against an interlocutory order of this type made in a proceeding pending before the Tribunal under the said provision, the Act has not provided for any appeal. In other words, the order challenged is not an appealable order. But against the final decision to be rendered by the Tribunal in proceedings under S.8B, an appeal is competent to the High Court, as provided in S.8A of the said Act. As an appeal lies to this court against the final decision of the Tribunal in which the correctness of the impugned order can be examined if necessary, it will not be proper exercise of discretion to interfere with such interlocutory orders under Art.226 of the Constitution. Hence this writ petition fails and is dismissed.