IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MFA.No. 162 of 2008 --------------------------------- AGAINST THE ORDER DATED 30/09/2008 IN IA 1/2008 IN OA.1/2008 of II ADDL. DISTRICT COURT, KOLLAM .................... APPELLANT/PETITIONER-APPLICANT: KURIAN E.KALATHIL, PREOPRIETOR, PONMUDI ESTATE, TC.NO.14/1004, VAZHUTHAVADU, TRIVANDRUM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS/RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, TRIVANDRUM. 2. PRINCIPAL SECRETARY TO GOVERNMENT FOREST AND WILF LIFE DEPARTMENT TRIVANDRUM. 3. CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) AND PRINCIPAL CHIEF CONSERVATOR OF FOREST (E AND TW), STATE OF KERALA, TRIVANDRUM. SPL.GOVT.PLEADER.(FORESTS) SRI.M.P.PRAKASH THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.162 of 2008 --------------------------------- JUDGMENT Koshy, J. This appeal is filed against the interim order passed by the Additional District Judge, Kollam under Section 11 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003. As provided under the Act, a statutory appeal was filed before the Tribunal. By the impugned order, appellant's application for injunction restraining the respondent from dispossessing him from 246 hectares 71 ares and 15 sw.m. comprised in Sy.Nos.3992/01, 3993/01 and 3995/01 of Thenur Village and not to interfere with the agricultural operations was dismissed by the Tribunal. It is the contention of the appellant that he is paying plantation tax and there are labourers attached and agricultural operations are being carried on in the estate and therefore, MFA 162/08 2 injunction ought to have been granted. 2. It is contended by the learned special Government Pleader that the appeal itself is not maintainable as it is only against an order on IA. It is further contended that plantation in the area was abandoned. The question whether it was a private forest or not vested in the Government itself is under consideration by the Forest Tribunal on the basis of the remand order by this Court. It was further stated that even possession and ownership of the land is also disputed. 3. It was pointed out by the learned counsel for the appellant that even though it is an interim order, the Tribunal has considered the matter as if it is a final order. Apart from that, this Court has jurisdiction to convert an MFA into a writ petition and go through the matter. It is also submitted that finally findings are entered into in the nature of an interim order. We are not considering the nature of the land, ownership of MFA 162/08 3 the land, etc. in this appeal. We direct the Tribunal to dispose of the appeal as expeditiously as possible untrammelled by the observations in the interim order and status quo as on the filing of the appeal shall be maintained by both the parties. Interim order is modified accordingly. The appeal is disposed of as above. (J.B.Koshy, Judge) 20th October, 2008 (K.P.Balachandran, Judge) tkv