STATE OF KERALA Vs. KUMARI VARMA

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 16.10.2009. As a matter of fact three Writ Petitions were disposed of by the abovementioned judgment. These two appeals arise out of W.P.(C). No. 7105 of 2007 and W.P.(C). No. 26694 of 2008 respectively. The facts leading to the present litigation are as follows:

(2.) The sole Respondent herein in each of the appeals is the writ Petitioner in the above mentioned two Writ Petitions. Her father, it appears, initially held a vast extent of land measuring approximately 2776.76 Acres in various survey numbers in Naduvil Village of Kannur District. Proceedings were initiated against the Respondent's father under the provisions of the Kerala Land Reforms Act, 1963. It appears that, by the proceedings dated 22.11.1973 the competent authority under the abovementioned Act, i.e., the Taluk Land Board, ordered that the father of the Respondent shall surrender an extent of 1232.26 Acres as being excess land held by him under the provisions of the abovementioned Act.

(3.) The State of Kerala made an enactment known as "Kerala Private Forests (Vesting and Assignment) Act, 1971", hereinafter referred to as "the Private Forests Act". Under Section 3* of the said Act, it is declared mat "with effect on and from the appointed day" (i.e., 10.5.1971), the ownership and possession of all the private forests "stand transferred to and vested in the Government free from all encumbrances". The expression "private forest" is defined under the said Act. We shall examine it a little later in the judgment.