STATE OF KERALA Vs. M.T. THANKACHAN

JUDGEMENT

(1.) The question that arises for consideration in this appeal pertains to the claim made by the Government over teak, blackwood, ebony, and sandalwood trees that came into existence on land assigned under the Kerala Land Assignment Act, 1960 (hereinafter referred to as the 'Land Assignment Act') and the Kerala Land Assignment Rules, 1964 (hereinafter referred to as the 'Land Assignment Rules'). The trees in question grew subsequent to the assignment of the land. The issue is simple and straightforward: whether, in light of the provisions of the Land Assignment Act and Rules, and the conditions forming part of the patta, the ownership of such trees vests with the Government or with the assignee.

(2.) The learned Single Judge in this matter was of the view that the conditions in the patta would apply only to trees covered under the provisions of the Kerala Promotion of Tree Growth in Nonforest Areas Act, 2005.

(3.) In this appeal, the State questions the judgment of the learned Single Judge. The learned Special Government Pleader, Shri T.P.Sajan, submitted that in light of the patta conditions and Sec. 8 of the Land Assignment Act read with Rule 8 of the Land Assignment Rules, the trees that came into existence subsequent to the assignment belong to the State, in view of the reservation made by the Government while issuing patta over the land as above.