KUBHAYAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) A question of frequent recurrence and of some significance involving the legal implications and the impact of an order rejecting a petition seeking grant of special leave to appeal under Article 136 of the Constitution of India has arisen for decision in this appeal.

(2.) The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971), hereinafter referred to as 'the Act' for short, was enacted by the State of Kerala to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation. The Act and the assent of the President on the Act were both published in Kerala Government Gazette (Extraordinary) dated 23-8-1971. The Act was given a retrospective operation by declaring that it shall be deemed to have come into force on the 10th day of May, 1971. We are not concerned with the details of several provisions contained in the Act. For our purpose it would suffice to notice that the disputes - (i) whether any land is a private forest or not, or (ii) whether any private forest or portion thereof is vested in the Government or not - may be entrusted for decision under Section 8 to a Tribunal constituted under Section 7 of the Act popularly known as Forest Tribunal. The Government or any person objecting to any decision of the Tribunal may within a period of 60 days from the date of that decision, appeal against such decision to the High Court under Section 8A of the Act.

(3.) There is a large family consisting of 71 members which raised a dispute between the Forest Tribunal, Kozhikode which was registered as OA 5 of 1981. Land to the tune of 1020 acres was the subject-matter of dispute. By order dated 11-8-1982 the Tribunal held tht the land did not vest in the Government. An appeal was preferred by the State of Kerala before the High Court of Kerala which was dismissed on 17-12-1982 by an elaborate order. There was no statutory remedy of appeal, revision or review provided against the order of the High Court. The State of Kerala filed a petition for special leave to appeal under Article 136 of the Constitution registered as SLP(C) No. 8098 of 1983. The petition was dismissed by an order dated 18-7-83. The order reads as under :-