JOBY VETTIYADAN Vs. JOBY VETTIYADAN

JUDGEMENT

(1.) The captioned writ appeal is filed by the petitioners in W.P.(C) No.32102/2018, challenging the judgment of the learned Single Judge dated 4.12.2019, whereas the cross objection is filed by the respondents in the writ petition challenging the interim arrangement made by the learned Single Judge during consideration of the application directed to be submitted before the Forest Tribunal under the provisions of the Kerala Private Forest (Vesting and Assignment) Act, 1971, hereinafter called, "Act, 1971". For the sake of convenience The parties would be referred hereinafter as appellants and respondents . Brief material facts for the disposal of the aforesaid appeal and the cross objection as is discernible from the proceedings in the writ petition are reproduced hereunder for clarity and convenience:

(2.) According to the appellants, through their predecessors-in-interest and some of them by themselves came into possession of the properties covered by Exts.P1 and P2 notices dated 10.9.2018 issued by the Divisional Forest Officer, Mannarkkad Division, Palakkad District, whereby the appellants were directed to vacate the forest land occupied by them immediately since the pattayam issued to them without the permission of the Forest Department is not legally sustainable.

(3.) Case of the appellants is that they or their predecessors-in-interest were in possession of the properties in question from 1950 to 1960 and at any rate before 1971. It is submitted that Ext.P1 notice has been issued to appellants 1 to 27, who have been granted purchase certificates by the Land Tribunal, Agaly, which are produced as Exts.P3, P7, P8 and P9 series and P11 to P19. Order of Land Tribunal, Agaly issued to one of the appellants is produced as Ext.P4, and some other orders are also produced . It is also submitted that, Ext.P2 notice has been issued to other appellants, who have not yet obtained purchase certificates. According to the appellants, Exts.P1 and P2 notices were issued without advertence to any provisions of law and directions issued by the State Government.