IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MFA.No. 80 of 1999(B) ------------------------------ OA.20/1998 OF FOREST TRIBUNAL, KOZHIKODE .................... APPELLANT/APPELLANTS: -------------------------------------- 1. C.S.CHINNAYYAN MUDALI, S/O.SUPPU MUDALI, RESIDING AT PUTHUKUDI, MANNARKKAD. (* DIED) * ADDL. APPELLANTS 2 TO 4 IMPLEADED ADDL. 2ND APPELLANT: SIVANANDAN, S/O.C.S.CHINNAYYAN MUDALI, RESIDING AT PUTHUKUDI, MAIN ROAD, MANNARKKAD. ADDL. 3RD APPELLANT: SUBRAMANYAN, S/O.C.S.CHINNAYYAN MUDALI, RESIDING AT PUTHUKUDI, MAIN ROAD, MANNARKKAD. ADDL. 4TH APPELLANT: DEVARAJAN, S/O.C.S.CHINNAYYAN MUDALI, RESIDING AT PUTHUKUDI, MAIN ROAD, MANNARKKAD. * IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED SOLE APPELLANT AS PER ORDER DATED 29/06/05 IN C.M.P.2208/03. BY ADV. SRI.D.KRISHNA PRASAD SRI.JOJI VARGHESE SRI.T.P.ELDHOSE SRI.D.NARENDRANATH SRI.M.HARISHARMA RESPONDENT/RESPONDENTS: ------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. M.F.A NO.80 OF 1999. 2. THE CUSTODIAN OF VESTED FOREST, ARANYA BHAVAN, FOREST COMPLEX, RAILWAY COLONY ROAD, OLAVAKKODE, PALAKKAD. BY SPL.GOVT.PLEADER (FOREST) SRI.M.P.PRAKASH THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No.80 of 1999 --------------------------------------- Dated this the 29th day of July, 2008 Judgment Koshy,J. Forest Tribunal in the impugned order dismissed the O.A. filed by the petitioner as petitioner was not present and no steps were taken and sketch was also not produced. A sketch with an affidavit of the advocate appearing before the Forest Tribunal was filed before this court stating that he did not appear in the court due to mistake in the posting. It is also further stated that he obtained survey sketch only after disposal of the case. The survey sketch was produced before this court. The learned Government Pleader pointed out that in an earlier matter, an O.A. was filed and was dismissed. These matters have to be considered by the tribunal. We are not expressing any opinion regarding the merits of the matter since absence of the lawyer on the date of posting was explained. We set aside the order and remand the matter for fresh disposal. The survey sketch produced before this Court along with C.M.P. No. 500 of 1999 also should be forwarded by M.F.A.No. 80/99 2 the registry to the tribunal along with the copy of the judgment. We are also not making any observations regarding the acceptability of the above survey sketch. Parties shall appear before the Forest Tribunal, Kozhikode on 3.11.2008. Appeal is allowed by way of remand. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 80/99 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 80 of 1999 ------------------------------------- Judgment Dated:29th July, 2008