M M THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Two questions are mooted in this appeal filed by special leave. First is whether the power to review a decision rendered under Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short "the Act") could have been exercised in the absence of any of the conditions specified in Section 8-C of the Act. The second question - which has sprouted as ancillary to the first question - is whether the High Court has (dehors the said provision) power to review its own decision rendered in appeal filed under the Act. If both questions are answered in the negative the appellant can succeed in getting the impugned order (of a Division Bench of the High Court of Kerala) annulled in his favour. Otherwise the impugned order will remain undisturbed.

(2.) The facts which led to the said order are the following: As per Section 3(1) of the Act, ownership and possession of all private forests in the State of Kerala stood transferred to and vested in the Government free from all encumbrances with effect from the "appointed day." The statute itself has fixed 10-5-1971 as the said appointed day. However, two exceptions were provided as per sub-section (2) and (3) of Section 3 of the Act which are extracted below:

(3.) Forest Tribunals were constituted for adjudicating the disputes regarding applicability of the said exceptions. Appellant raised a claim in respect of 20 acres of land as not vested in the Government. As the claim was disputed appellant filed a petition before the Forest Tribunal for adjudication of the dispute. He mainly contended before the Forest Tribunal that the said area fell within sub-section (3) of Section 3 of the Act, but the Forest Tribunal repelled his claim and dismissed his petition. Thereupon he filed an appeal before the High Court of Kerala under Section 8A of the Act.