STATE OF KERALA Vs. PARUKUTTY

JUDGEMENT

(1.) The State has filed this revision against the order of the Taluk Land Board by which it dropped the proceedings against the declarant by a majority.

(2.) The declarant in the case filed a statement before the Taluk Land Board under S.85A of the Kerala Land Reforms Act showing the total extent of the holding as 3651.43 acres of land. It was further claimed that out of the above land 3630.11 acres of land is private forest exempted under S.81 of the Act. Another extent of 9.15 acres was also claimed as exempted under S.81. The Taluk Land Board by order dated 14-3-1979 accepted the statement filed by the declarant after making due verification and held that the declarant is not holding any land above the ceiling area and accordingly dropped the proceedings.

(3.) Though a statement as mentioned above was filed before the Taluk Land Board, the declarant had actually filed a petition O.A. No.484 of 1974 before the Forest Tribunal, Palghat claiming that 102 acres of land out of the 3600 and odd acres of private forest has not vested in the Government and praying for release of the same from the purview of the Kerala Private Forests (Vesting and Assignment) Act. By order dated 2-5-1978 the Forest Tribunal held that 102 acres of land has not vested in the Government and released the above land. The State challenged the same in M.F.A. No.401 of 1978. By judgment dated 14-7-1980 this Court modified the order of the Forest Tribunal and held that 92 acres out of the total extent will not vest in the Government under the Private Forests (Vesting and Assignment) Act. This Court held that 75 acres of land is planted with teak wood, orange and soft wood even before the Madras Preservation of Private Forests Act, 1945 came into force, 2 acres was a cashew plantation and 15 acres the declarant was entitled to within his ceiling limit and accordingly came to the conclusion that 92 acres is liable to be exempted from the purview of the Vesting Act.