HAJUMMA Vs. BHARAT PLYWOOD AND TIMBER PRODUCTS (P) LTD
LAWS(KER)-1963-10-37
HIGH COURT OF KERALA
Decided on October 28,1963

Hajumma Appellant
VERSUS
Bharat Plywood And Timber Products (P) Ltd Respondents


Referred Judgements :-

UNION OF INDIA VS. T R VARNA [REFERRED TO]



Cited Judgements :-

THE REGIONAL MANAGER M/S. INDUSLND BANK VS. STATE OF KERALA [LAWS(KER)-2019-5-114] [REFERRED TO]


JUDGEMENT

- (1.)These two appeals were heard together and a common judgment will suffice. Writ appeal No. 129 of 1963 is from the decision in O. P. No. 1191 of 1962 and writ appeal No. 130 of 1963 is from the decision in O. P. No. 1206 of 1962. The appellants are the same in both the appeals; they were respondents 3 to 5 in both the Original Petitions.
(2.)The petitioner in O. P. No. 1191 of 1962 -- the Bharat Plywood and Timber Products (Private) Limited -- and the petitioner in O. P. No. 1206 of 1962 -- Puthiyamadathumel Peringadi Cheria Mammoo -- applied to the Collector of Kozhikode for permission to cut trees under S.3(2) of the Madras Preservation of Private Forests Act, 1949, which provides that "no owner of any forest and no person claiming under him, whether by virtue of a contract, licence or any other transaction entered into before or after the commencement of the Madras Preservation of Private Forests Act, 1946, or any other person shall, without the previous permission of the District Collector, cut trees or do any act likely to denude the forest or diminish its utility as a forest".
(3.)By Ext. P4 dated 31-7-1959 the Collector rejected the applications. The petitioners then took up the matter in appeal under S.4 of the Act and the Government after considering the questions raised before them remanded the cases to the Collector for a fresh investigation and disposal by Ext. P5 dated 21-4-1960. They said :
"In the circumstances, Government consider that both the cases may be referred back to the Collector for more detailed enquiry and they order accordingly. The Collector will inspect the area locally along with representatives of both the parties, arrive at a proper identification of the Kadanthara river with reference to the Survey of India map and the other maps prepared in this case, and decide the issue".

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