IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MFA.No. 343 of 2003() --------------------- OA.41/2000 of FOREST TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPLICANT ----------------------- V.S.JOSEPH, AGED 54 YEARS, S/O.SEBASTIAN VELUMANNIL, VAKERI P.O., SULTHAN BATHERI, WAYANAD DISTRICT BY ADV. SRI.V.V.SURENDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): RESPONDENTS -------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE CUSTODIAN OF VESTED FORESTS, OLAVAKKODE, PALAKKAD. BY SPL. G.P. SRI. MP PRAKASH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M. F. A. No. 343 OF 2003 -------------------------------------------- Dated this the 2nd day of January, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and Government Pleader. Appeal is filed against the order of the Forest Tribunal dismissing a Claim Petition filed by the appellant. In fact appellant had filed a claim petition previously pertaining to the same property namely O.A.No. 372 of 1981 which was dismissed as time barred. Appeal filed before this Court was also dismissed. Therefore respondents have raised objection that another claim petition is not maintainable. However, we do not think that there is any need to consider this objection because on merits, the Forest Tribunal found that the cultivation claimed by the appellant was after 1981 that is after vesting of the land in Government as forest land. It is seen from the order that Forest Tribunal has relied on an inspection report prepared by his predecessor who has noted that forest land was systematically encroached and planted by the appellant 2 during 1980s. In view of this finding on fact based on inspection report of the Forest Tribunal, we do not find any ground to interfere with the order of the Forest Tribunal. Appeal is therefore dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3