C.J.JOY, JOSEPH Vs. V.LAKSHMI

JUDGEMENT

(1.) Heard learned Senior counsel for the petitioners and Special Government Pleader for Forest Department.

(2.) Review petitioners are additional respondents 3 to 9 impleaded in O.A.No.2/2002 before the Forest Tribunal, Kozhikode. The Forest Tribunal by its common order in O.A. Nos.1/2002, 2/2002, 63/2001 and 64/2001 dismissed the applications filed under Section 8 of the Kerala Private Forests (Vesting & Assignment) Act, 1971 (in short, 'the Vesting Act'), for a declaration with respect to the properties scheduled to the applications that they are not private forests.

(3.) Facts, in short, are as follows:- An extent of 2026 acres and 12 cents of property comprised in Old Survey No.486 of Thirunelli village situated in the erstwhile Madras Presidency was owned by two Europeans by name Mr.H.H.Tippet and Mr.Bodha Van Ingen from 1930. They developed the properties into plantations. A portion of the large extent was surrendered by them to the Revenue Department. The remaining area was known as Brahmagiri Estate. Mr.H.H.Tippet executed a Will, whereby, his half right over the entire property was bequeathed in favour of the 2nd respondent. On the death of Mr.Tippet in 1956, the properties devolved on the 2nd respondent. The 2nd respondent instituted a suit for partition as 0.S.No.16/1956, before the Sub Court, Thalassery for partition and allotment of her half share of the property. The suit was compromised and as per the decree, an extent of 620 acres forming the western portion of the Brahmagiri Estate was allotted to the share of the 2 nd respondent. Eastern portion was allotted to Mr.Bodha Van Ingen. The portion allotted to the 2nd respondent came to be known as Brahmagiri "A" Estate and the portion allotted to Mr.Bodha Van Ingen came to known as Brahmagiri "B" Estate. The two estates are divided by a common boundary in the form of a natural stream. At the time of partition, a portion of the property was already planted with coffee and a small portion was a double crop Nilam. After the partition, the 2nd respondent converted the remaining portion into coffee plantation in stages from 1957 onwards after obtaining clear felling permits and selection felling permits from the District Collector, Kannur under the provisions of the MPPF Act. Accordingly, the entire extent of the property except 46 acres ear-marked for Rubber plantation was converted into coffee plantation. When Rubber cultivation failed, the said area was also converted into coffee plantation.