STATE OF KERALA Vs. C M SEBASTIAN

JUDGEMENT

(1.) WE regret our inability to agree with the learned Judge who allowed the writ petition of the 1st respondent and held that Under Ext, P-l document the provision Was categoric that the seigniorage fee is leviable at the rates mentioned and not at something to be estimated de hors the provisions of the document. The learned Judge pronounced that the writ petitioner was entitled to issue of a transport permit and that the value to be realised for timber was only at the rate of Rs. 3/- (sic Rs. 4/-?) per candy and that on the petitioner paying the same in accordance with the conditions in Ext. P-l the respondent would issue the transport permit to, the petitioner ex-peditiously and without delay. The State of Kerala and the Chief Conservator of Forests, and the divisional Forest Officer, Nenmara have come up in appeal.

(2.) THE controversy hinges round the construction of a term in Ext. P-l lease, executed by and between His Highness the Maharaja of Cochin and one George s. Duppen on 16-7-1877 (the learned Government pleader submitted that 1877 shown in the copy Ext. P-l is a mistake for 1867), in respect of about 409 Acres of the Nelliampathi tract of forest land known as 'nelliccolla' situated on the nelliampathi Range, and containing a number of teak, ebony, and blackwood trees. These were excepted from the demise in the preambulary part of the document, Clause (3) of the lease-deed provided:

(3.) IN the writ petition the prayers were: