CHALIL VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) This matter has crane up before us for determination of the question regarding the maintainability of this appeal under Section 8-A of the Kerala Private Forests (Vesting and Assignment) Act. 1971 (hereinafter called the Act).

(2.) The appellant had filed O. A. No 77 of 1978 before the Forest Tribunal seeking a declaration that an extent of 2 acres of land scheduled to the application was not a private forest and had not therefore become vested in the Government under the provisions of the aforementioned Act. That application was finally disposed of by the Tribunal on 18th July, 1979 allowing the application and declaring that the property described therein had not become vested in the Government under the Act. Subsequently, on 4th Dec., 1979 the appellant herein filed a petition before the Tribunal purportedly under Section 152, C. P. C. praying for an amendment of the aforesaid final order passed by the Tribunal by effecting a correction in regard to the name of the village wherein the property is situated, by substituting the words 'Sholayoor' in the place of the words 'Agali' contained in the order. That petition was rejected by the Tribunal stating that there was no mistake in the order passed by it and hence no amendment was called for. It is against the said order dated 24-121979 passed by the Tribunal that the appellant has come up with this appeal.

(3.) Section 8-A of the Act provides that the Government or any person objecting to any decision of the Tribunal may, within a period of 60 days from the date of that decision appeal against such decision to the High Court, The scope of the section was considered by a Division Bench of this Court in Muhammadkutty v. Forest Tribunal (1978 Ker LT 619) and it was held that every order passed by the Tribunal is a proceeding instituted before it under Section 8 of the Act is not appealable under Section 8-A and that the expression 'decision' used in Section 8-A (1) connotes only the final decision rendered by the Tribunal in the dispute made mention of in Section 8 (1) of the Act and that orders which do not resolve or finally decide such dispute are not appealable under Section 8-A (1). This decision was followed by another Division Bench of this Court in Unnumbered M. F. As. of 1978 against I. A. Nos. 195 and 202 of 1978, to which one of us (Eradi, J.) (as he then was) was a party. We are in respectful agreement with the aforesaid view.