RAMAN NABOODIRIPAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the petitioners in O.A. 211/78 before the Forest Tribunal, Palakkad. They filed the application under S.8 of the Kerala Private Forests (Vesting and Assignment) Act for a declaration in respect of 13.77 acres of land. The tribunal as per its order dt. 26.9.1987 allowed the claim under S.3(2) and 3(3) of the Act in respect of 1.91 acres of land and rejected the claim in respect of the rest of the property. Aggrieved by the above order, the petitioners have come up in appeal.

(2.) The petitioners filed the O.A. for declaration under S.8 of the Act in respect of 13.77 acres of land in Thrikkitiri village of Ottapalam taluk. It was alleged that there were 15 polonyrahs trees and the entire property was cultivated with dry crops and was not a forest area. The properties belonged to Varikkumancheri Mana in ancient jenm and in the permanent settlement register, the name of the first applicant's father Narayanan Namboodiripad was shown as the Karnavan of the illom. The entire property was agricultural land and some of the items were outstanding with tenants and later in 1956 the tenants surrendered the property. There was on oral partition in the undivided illom and the scheduled items of properties were allotted to the applicants separately and those items were in the personal possession and cultivation of the petitioners.

(3.) The respondents, the State of Kerala and the Custodian of Vested Forests, contended that the entire property was part of Ananganmala which was lying contiguous with other forest areas of hundreds of acres and was within the purview of the erstwhile MPPF Act. The entire area was shrub jungle and was never under cultivation at any point of time. The State disputed the title of the petitioners and contended that it was for the petitioners to prove that they were holding property within the ceiling area under the Land Reforms Act.