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The Kerala High Court on Friday stayed the auction of property having an extent of 1,163 acres of forest land possessed by members of the Nilambur Kovilakam till a final order is passed on applications pending before the Kozhikode Additional Subordinate Judges Court.
Justice V Chitambaresh passed the order while considering a petition filed by the state government against the auction procedure initiated by the Nilambur Kovilakam.
Appearing for the state, Special Government Pleader M P Madhavan Kutty submitted that the property has been notified under the Kerala Forest (Vesting and Management of Ecologically Fragile lands) Ordinance, 2000. “The property is virgin forest, having great ecological importance. If the property is permitted to be sold in an auction, the state as well as the citizens at large will be adversely affected,” he submitted.
The court said, “Proceedings initiated for conducting action of property shall be put on hold till the final orders are passed on the applications filed by the state before the Subordinate Court.” The court also directed the Kozhikode Additional Subordinate Judges Court to dispose of the applications for advancing the hearing in the pending suit, for impleading and to stay the auction.
The state government submitted that the Subordinate Court had adjourned the application for the simple reason that the High Court had directed to sell the property in auction after following the legal matter.
It is submitted that the state has ordered to restore the possession of 1,163 acres of land on July 1, 1994. Even after a series of communications, the joint receivers were not ready to take possession of the land owing to their inability to protect it from land-grabbers, the state said.
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