SHAIJU Vs. THE STATE OF KERALA AND OTHERS
LAWS(KER)-2017-8-280
HIGH COURT OF KERALA
Decided on August 11,2017

SHAIJU Appellant
VERSUS
The State Of Kerala And Others Respondents

JUDGEMENT

MR.P.SOMARAJAN,J. - (1.) Challenging the order dated 16/8/2012 in O.A. No. 3/2009 of the Forest Tribunal, Kozhikode the applicant came up with this Miscellaneous First Appeal.
(2.) The Original Application was filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short, "the Vesting Act") for a declaration that the petition schedule property is not a private forest vested in the Government and that the applicant is entitled to the benefit of Sections 3(2) and 3(3) of the Vesting Act. The claim made by the appellant is based on the acquisition of interest over the property, from one Pettammal, on 31/10/1961. The property originally belonged to Vengunad Kovilakam, according to the applicant. On the death of Pettammal, her right, interest and title over the property devolved on her son Nagappan Chettiar. His son, one Arumughan, obtained pattayam over the property by virtue of an SM proceedings initiated by Kollengode Land Tribunal and hence claimed exclusive title and right over the property. Their further case is that the property was cultivated with groundnut and tapioca.
(3.) The respondents contested the application mainly on the reason that the petition schedule property having an extent of 1.871/2 cents would form part of "Akamalavaram", having a total extent of 5820 hectares and it was notified as vested forest as per Notification No. D1383/77 dated 10/10/77 and disputed the right, title and interest claimed by the appellant. It was also submitted that it is situated in Elavancheri Village in Nenmara at Palakkad and that it was within the purview of Madras Preservation of Private Forests Act, 1949 till the appointed day.;


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