V PARUKUTTY MANNADISSIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) SPECIAL leave granted. We have heard learned counsel for the parties.

(2.) IN disposing of the appeal against a decision of the Forest Tribunal under the provisions of the Kerala Private Forests (Vesting & Assignment) Act, 1971, a Division Bench of the Kerala High Court in MFA No. 401/ 78 disposed of on 14th of July, 1980, directed :

(3.) WE are of the view that the High Court was right in refusing to act upon the footing that pursuant to the direction by the High Court about 36 acres of land containing forest growth had been surrendered to the appellants and, therefore, they were entitled to appropriate the trees. In fact within the ambit of the writ petition as filed before the High Court, the only question that fell for consideration was whether timber transit permits should or should not be issued to the appellants to enable them to transport the felled timber from the area which should not have been delivered to the appellants. Since we do not intend to differ from the High Court on that issue this appeal deserves to be dismissed but with a view to doing complete justice to the parties and give a final verdict in the matter we had enquired from Mr. Poti appearing for the respondent State on 27-3-1989 as to how Government proposed to comply with the binding direction of the High Court given in the first appeal. The affidavit of 24th of June, 1989 by the Custodian of Vested Forests is in answer to that query.