P A GEORGE S/O ABRAHAM Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF FOREST

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking direction to the respondents not to interfere with the possession of the petitioners in respect of the properties exempted by virtue of orders in O.A.No.85 of 1976, as modified by judgment of this Court in M.F.A Nos.169 and 226 of 1977, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) The dispute between the petitioners and the Forest Department relates to an extent of approximately 5 to 8 Acres of property located on the north-western corner of the Arayad Estate. According to the petitioners, the said bit is part and parcel of the property having an extent of 176.08 acres, which was got exempted by the predecessor-in-interest of the petitioners under the Kerala Private Forests (Vesting and Assignment) Act, 1971 [hereinafter called, 'the Act, 1971'].

(3.) An extent of 1000 Acres of un-surveyed land in Akampadam Village of Malappuram District belonged in Jenm of Manjeri Kovilakam. The Kovilakam entrusted the property to M/s. Pioneer Rubber Plantation in 1956 for raising a rubber plantation, after obtaining permission from the Malabar Collector. M/s. Pioneer Rubber Plantations planted 217 acres with rubber saplings. 40.92 acres were sold to third parties, holding the remaining extent of 176.08 acres as Rubber Plantation.