STATE OF KERALA Vs. CHINNAMMA AMMA

JUDGEMENT

(1.) This is a consolidated appeal against the common order of the Forest Tribunal, Palghat, in O. A. Nos. 1285, 1350 and 1368 of 1974. O. A. No. 1285 of 1974 is by one applicant for a declaration under S.3 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the Act), that the land mentioned in the schedule to the application is not vested forest under S.3(1) of the Act. O. A. No. 1350 of 1974 is a similar application by two applicants for similar relief and O. A. No. 1368 of 1974 is by three applicants also for the relief of declaration that the lands mentioned in the schedule to the application are not private forest vested in the Government under S.3(1) of the Act. The applications were opposed by the Custodian of Vested Forests who filed separate counter statements contending that the lands involved in these applications form part of Annaganmala which is a private forest vested in the Government. The Forest Tribunal on the basis of Exts. A5 to A7 certificates of purchase issued to the respective applicants by the Land Tribunal under S.72K of the KLR. Act held that the lands involved in these applications fall within the ceiling limit applicable to the respective applicants and are therefore exempted under S.3(2) of the Act. It is against this that the State and the Custodian of Vested Forests, have come up in appeal.

(2.) Even though in the counter statements filed on behalf of the Custodian there is denial of the title of the respective applicants to the land involved in these applications, there is no dispute before us, that these lands were included in Ext. Al partition dated 23-4-1974, among the members of the tarwad of the applicants, and the lands involved in the three applications were allotted towards the shares due to the respective applicants. All the three applications filed before the Forest Tribunal are in the prescribed form and under the entry "ground for filing the application", it is stated that the lands involved in these applications are not vested forests, they are lands under the personal cultivation of the respective applicants, and the applications are occasioned for the reason of obstruction by the Forest Officials against cultivation of these lands by the applicants.

(3.) The prayer in all these petitions is for a declaration that the lands involved are not private forests vested in the Government. What the Tribunal has found is that the lands fall within the exemption mentioned in sub-s.(2) of S.3 of the Act, for the reason that it falls within the ceiling limit applicable to the respective applicants. That finding is based on the certificates of purchase Exts. A5 to A7 issued by the Land Tribunal.