AMMARUKUNHI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This M.F.A. is filed under S.8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971) (hereinafter referred to as 'the Act') against the judgment in O.A. No. 170 of 1976 of the Forest Tribunal, Kozhikode. The facts of the case are as follows :

(2.) Appellants are petitioners 2 to 9 in O.A. No. 170 of 1976 before the Forest Tribunal, Kozhikode. The application was filed by one Karimbil Kunhikoman under S.8 of the Act for a declaration that the properties described in the petition are plantations and not liable to be vested with the Government as forest. Kunhikoman died pending the application and the appellants herein, who are the widow and children were impleaded as petitioners 2 to 9.

(3.) It was the case of the appellants that the petition schedule property having an extent of 1048 acres and 21 cents is a cardamom plantation, mainly coffee having been planted in certain areas. Therefore it was contended that the area involved is not a forest area liable to be vested with the Government under the Act. Originally, the area had been shown as 910.54 acres and subsequently, the area was shown as 1048.21 acres, by way of amendment of the petition.