IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 MFA.No. 521 of 2002(A) ---------------------- OA.41/1999 of FOREST TRIBUNAL, KOZHIKODE .................... APPELLANT: APPLICANT 1 TO 4 --------------------------- 1. SREEDHARAN NAIR,AGED 40 YEARS S/O.ITTIRARAPPANUNNI NAIR,PANGAL,P.O.KANNIPRAMBA, KOZHIKODE DISTRICT 2. MADHAVANUNNI NAIR,AGED 75 YEARS, S/O.GANGA ANNAMMA,MADATHIL HOUSE, P.O.KANNIPARAMBA,KOZHIKODE. 3. RAGHAVAN NAIR,S/O.ITTIRARAPPANUNNI NAIR, AGED 35 YEARS,EDATHIL,KANNIPARAMBA AMSOM, KOZHIKODE. 4. GOPALAKRISHNAN UNNI NAIR,AGED 66 YEARS, S/O.GANGA ANNAMMA,NADUVATHIDATHIL HOUSE, KANNIPARAMBA AMSOM,KOZHIKODE (DIED). IT IS RECORDED THAT THE 4TH APPELLANT DIED AND APPELLANTS 1 TO 3 ARE LR'S OF THE DECEASED 4TH APPELLANT VIDE ORDER DT.12.12.07 ON MEMO WITH CF.NO.11490/07. BY ADV. SRI.C.P.MOHAMMED NIAS SRI.T.KRISHNANUNNI (SR.) RESPONDENTS: RESPONDENTS 1,2,AND 5TH APPLICANT ---------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,THIRUVANNTHAPURAM. 2. THE CUSTODIAN OF VESTED FOREST, GOVERNMENT OF KERALA,PALGHAT. 3. PAJMANABHANUNI,AGED 35 YEARS S/O.KUTTI PARVATHI ANNAMMA,KUZHUMBATTIL HOUSE, THIRUVAMBADI AMSOM, VIA.OMASSERI,KOZHIKODE. BY ADV. SPL.GOVT.PLEADER (FOREST) SRI.KRISHNA PRASAD. S THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.521 of 2002 ----------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Koshy, J. Applicants claimed before the Forest Tribunal that 44 acres of land are not private forest and not vested in the government. The Tribunal found that there was no evidence of cultivation in the land. The Commissioner also reported that there are no signs of any kind of cultivation inside the disputed property. It is also reported that it is a land having small trees. The Tribunal also found that even though there is no proof that it was covered by the MPPF Act, the applicants were not able to prove that it is not a forest or enclave of the forest. It is also found that the applicants were not able to prove title to the property. It is true that the applicants contended that they are members of Alliyil Tarwad which is an ancient tarwad. But no evidence is there to show that the applicants are members of the Alliyil Tarwad and the property belonged to that tarwad. Even if the property is belonging to that alleged family, the applicants have no right to represent that tarwad. There is no case that the applicants were prevented from adducing any evidence regarding the title M.F.A.521/02 2 before the Tribunal. The applicants were residing elsewhere in Kozhikode and this vast extent of land was not cultivated. They failed to produce any evidence regarding the title or possession of the land in question. In these circumstances, their application was correctly dismissed. On going through the Commission Report and considering the fact that there is no evidence to show that the land in question belongs to the applicants, we see no ground to interfere with the award passed by the Tribunal. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.521/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 521 of 2002 ------------------------------ JUDGMENT 22.2.2008