JOSEPH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) Appeal under Section 8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (in short 'the Act').

(2.) Facts briefly put are thus :-

(3.) The respondent filed a counter statement with following allegations. The application is not maintainable in law. The area comprised in Survey No.2089 of Agali village (now Palakkayam village) is the property possessed by the Forest Department and is included within the vested forest known as Cheriya Inchikunnu malavaram. It is part of V.F.C Item No.44 and that it adjoins V.F.C Item Nos.43 and 45, extending upto 588 hectares. These lands are covered under the provisions of M.P.P.F Act. The disputed property can be properly identified only if a sketch of the land is produced by the petitioner. The said area comprised in Survey No.2089 of Agali village of Mannarkkad Taluk of Palakkad District has already been surveyed and demarcated as vested forest along with other areas in the above village during 1974-75 and the department had prepared a survey sketch. After due process, V.F.C Item No.44 has been notified.