ABDUL KASSIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment dtd. 12/4/2019 in W.P.(C)No.22062/2007 of the learned Single Judge is under challenge in this appeal. By the impugned judgment the learned Single Judge dismissed the writ petition rejecting the contentions of the petitioners.

(2.) Case of the appellants, in short, is as follows:- 14.67 acres of property comprised in Sy.No.2/2 of Kadampazhipuram-1 Village of Ottappalam Taluk of Palakkad District was purchased by the appellants. By order dtd. 27/5/1978, the Forest Tribunal, Palakkad allowed the claim for exemption made by the sellers of the property under Sec. 3 (2) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. According to the appellants, the properties were cultivated with tapioca and cashew as on the appointed day which was 10/5/1971 and therefore the land was not a private forest. The order of the Forest Tribunal was not challenged by anyone. However, the properties were restored only on 4/12/2004. While restoring possession of the property by certificate dtd. 4/12/2004 the Divisional Forest Officer further certified as follows:-

(3.) The Government resisted the writ petition. A statement was filed by the 3rd respondent DFO. It was alleged in the statement that the property in question is forest land having vested forest on its boundaries. The intention of the writ petitioners was to conduct quarrying and change the character of the land from forest land. It was contended by the Government that no non-forest activities could be permitted in the area. Accordingly, the official respondents prayed for dismissing the writ petition.