THANKA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant's application filed under S. 8 of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Act') was dismissed by the Tribunal on the ground of limitation, being beyond two months period made mention of in R. 3 of the Kerala Private Forest (Tribunal) Rules, 1972 (hereinafter referred to as Tribunal Rules ). It was there upon that this appeal has been filed.

(2.) PETITIONER obtained possession of 1 Acre of land in Sy. No. 97/1b1 of Kottappady Village Vythiri Taluk as per Ext. A1 document No. 1481/1978 of Vythiri Sub Registry. She purchased the property from one Kannan who obtained it on the basis of Ext. A2 document dated 19. 1. 1994. After purchasing the property, Kannan and approached the Land Tribunal and obtained a purchase certificate - Ext. A3. When the petitioner was enjoying the property in question on the basis of these documents, there was obstruction from the Forest Officials to enjoy a portion of the property extending about 45 cents. It was thereupon, she filed O. A. 18 of 1988 before the Forest Tribunal, Kozhikode, which was later transferred to the file of the Forest Tribunal, Palghat and renumbered as O. A. 125 of 1990.

(3.) IT is contended by the learned counsel for the appellant that it was incumbent on the Tribunal before dismissing the application to find out what was the date of publication and whether the publication was made in the mode provided for in the said rule including as to whether there was the publication made mention of in sub-r. 3 of R. 2a of the Vesting Rules so that the affected parties shall get information of the said notification and they can file application in time reckoning from the said date. The evidence on record and the details contained in the judgment impugned does not support a finding about the date of actual publication of the notification as provided in sub-r. 2 or the publication of information regarding the notification as provided for in sub-r. 3 of R. 2a of the Vesting Rules.