IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 MFA.No. 203 of 2006 (A) -------------------------------------- OA.30/2003 of FOREST TRIBUNAL, KOZHIKODE .................... APPELLANT(S): ------------------------ THOMAS, S/O. OUSEPH, KOLLARATHIL, POTTASSERY, MANNARKKAD TALUK. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. CUSTODIAN OF VESTED FORESTS, ARANYA BHAVAN, FOREST COMPLEX, OLAVAKKODE. ADV. SPECIAL G.P (FOREST) SRI.M.P.PRAKASH GOVERNMENT PLEADER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.203 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March 2010 JUDGMENT Basheer, J. Having heard learned counsel for the appellant and the learned Special Government Pleader (Forest) and particularly, keeping in view the judgment rendered by a Full Bench of this Court in Parameswarasastrigal v. State of Kerala [2008 (2) KLT 461] (F.B.), we are of the view that the matter requires to be reconsidered by the Forest Tribunal. 2. Learned Special Government Pleader also fairly concedes that the issue was not considered by the Tribunal as it ought to have been, especially with specific reference to the boundaries of the property in question. 3. Anyhow, we do not propose to refer to or to deal with the various contentions raised by the appellant at this stage. We make it clear that it will be open to the parties to adduce further evidence, if they choose to do so. Therefore, the impugned judgment is set aside and the matter is remitted to the Tribunal for fresh disposal in accordance with law. The Tribunal shall dispose of the matter, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes