JAMES JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal relates to the scope of an appeal against an appellate order under Section 12A of the Kerala Forest Act, 1961 (Act for short). The State Government issued a notification under Section 4 of the Travancore Forest Regulation II of 1068 ME proposing to declare certain lands including the disputed lands as revenue forest. The appellants predecessor in title filed a written statement before the Forest Settlement Officer under Section 6 of the Act in (claim case No. 2/1955) claiming title to the disputed lands, which formed part of the proposed reserve forest. The Forest Settlement Officer by common order dated 14.11.1969 rejected his claim inter alia holding that the notified areas were lands at the disposal of the government and the government was entitled to constitute the same as a reserve forest. Feeling aggrieved the appellants predecessor filed an appeal against the order of the Forest Settlement Officer under Section 11 of the Act. The appeal was allowed by the first Additional District Judge, Ernakulam by common judgment dated 23.6.1980 holding that the Royal Neet of 1928 ME to which the appellant traced back his title was a genuine document and the notification issued by the Government in respect of the proposed reserve forest was without jurisdiction.

(3.) The State Government filed an appeal against the said appellate judgment before the High Court under Section 12A of the Act. (MSA No. 1/1981). The High Court allowed the second appeal and reversed the judgment of the District Judge. The order of the High Court was challenged by the appellant. This Court by order dated 25.11.2003 allowed the civil appeal filed by the appellant and remanded the matter to the High Court for fresh consideration, with the following observation: