SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Common questions arise in these Appeals and they are disposed of by a common Judgment. In both these cases, the tribunal constituted under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (hereinafter referred to as the Act), has passed interlocutory orders. In MFA. No. 125/09, the tribunal has granted temporary injunction restraining the respondents from interfering with the possession and enjoyment of the petitioners/appellants over the petition schedule property till the disposal of the Original Application. But, it was ordered that the rocky portion of the petition schedule property in Survey No. 428/J5 shall not be quarried for stone. It was also ordered that the appellants shall not do any act altering the nature and character of the petition schedule property lying in the aforesaid Survey Number and they shall not cut and remove trees therefrom and grow plants or crops therein till the disposal of the Original Application, hi MFA No. 119/09, the following is the interim order passed:

(2.) Notice was served on the respondents. We heard the learned Counsel for the appellants and also Shri M.P. Prakash, learned special Government Pleader. Shri M.P. Prakash, learned Government Pleader would raise a preliminary objection. It goes to the maintainability of the Appeals. He would submit that the impugned decision being interlocutory in nature and a decision not having been finally rendered in the Original Applications, no Appeal will he under the Statute. It is necessary to immediately refer to the Statute in question. Section 11(1) of the Act reads as follows:

(3.) He would submit that an identical provision as contained in the Kerala Private Forests (Vesting and Assignment) Act, 1971 has been judicially interpreted by this Court in three decisions and therein this Court has taken the view that an Appeal is not maintainable against an interlocutory order and it lies only against final decision. He would, therefore, commend for this Court's acceptance the said view. In Muhammadkutty v. Forest Tribunal,1978 KLT 619, a Division Bench of this Court considered Section 8A(1) of the Private Forests (Vesting and Assignment) Act, 1971 and held as follows: