AMMUKUNHI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The main question involved in this appeal is whether the property involved herein was a 'cardamom plantation' as on 10.05.1971 ­ the appointed day, to be excluded from being vested with the Government under Section 3 (1) of the Kerala Private Forests (Vesting & Assignment) Act, 1971 (in short 'the Vesting Act 1971'), in terms of Section 2 (f) (1) (i) (B) of the said Act. The case has travelled a long way after its inception before the Tribunal, even up to the Apex Court and after remand, to be reconsidered with reference to all the documents produced and the evidence let in.

(2.) The sequence of events reveals that the original applicant by name, Karimbil Kunhi Koman approached the Forest Tribunal, Kozhikkode by filing O.A. No. 170 of 1976 under Section 8 of the Act for a declaration that the property described in the application was 'cardamom plantation' and hence was not liable to be vested with the Government as forest. Later, the original applicant Mr. Kunhi Koman bid farewell to this world, pursuant to which, his widow and children came to be impleaded as the additional applicants 2 to 9, being the legal heirs.

(3.) The original extent shown in the application filed before the Tribunal was 910.54 acres, which was stated as a cardamom plantation, with coffee planted in some area. Subsequently, an I.A. was filed seeking to amend the extent as 1048.21 acres. The Tribunal, as per order dated 08.08.1971, found that the disputed area was cultivated prior to 10.05.1971 with cardamom and hence was not a forest liable to be vested with the Government. The O.A. was accordingly allowed, but the I.A. filed for amendment of the extent of land was dismissed. Being aggrieved of the verdict passed by the Tribunal in the O.A., the State preferred an appeal as MFA No. 454 of 1979. At the same time, the appellants being aggrieved of the order passed in I.A. dismissing the petition for amendment as to the actual extent of land preferred an appeal as MFA No. 466 of 1979.