STATE OF KERALA Vs. MUHAMMED SHEREEF

JUDGEMENT

(1.) THIS appeal has been filed by the State of Kerala and the Custodian and Conservator of Vested forests, Kozhikode against the revised order dated 28th May 1987 in O. A. No. 94 of 1979 of the Forest Tribunal, Palghat. The respondent in the appeal is the applicant in the above O. A. filed under S. 8 of the Kerala Private Forests (Vesting and assignment) Act, 1971 (for short, 'the act ). The said application was earlier disposed of by the Tribunal granting exemption in favour of the respondent in respect of 11. 75 acres in terms of sub-s. 3 of S. 3 of the Act. As against the said order an appeal had been filed by the present appellants as M. F. A. No. 247 of 1982. THIS court by judgment dated 26. 11. 1986 remanded the matter to the Tribunal for determining a specific question with regard to the ceiling limit. After the remand, the respondent has produced Exts. A7 to A9 documents. The Tribunal after placing reliance on those documents allowed the O. A. ordering consequently that the entire petition schedule property will be released to the respondent under S. 3 (3) of the Act. THIS decision is under challenge before us.

(2.) HEARD learned Government Pleader who argued the case on behalf of the appellants before us. He maintains that the respondent has not complied with the directions issued by this Court in the judgment dated 26. 11. 1986. His further case is that the Tribunal acted erroneously in placing reliance on Exts. A7 to A9 documents.

(3.) WHAT is prescribed in Annexure B to Form No. I is the certificate of the Tahsildar in whose jurisdiction the lands in respect of which the owner claims exemption from the provisions of S. 3 (1) of the Act situate. Likewise Annexure C is prescribed for the affidavit of the owner who claimed such exemption. Annexure A shall contain the particulars of the lands in the State held by the applicant-owner as on 10th May 1911. The question contained in column 5 of Form I also relates to the particulars of all lands in the State held by the owner on 10th May 1971. Therefore, the particulars of land to be included in Annexures B and C are the particulars as on 10th May 1971. This requirement is mandatory because the determination of the question whether the owner holds the land in excess of the ceiling limit is dependent on the particulars of the land to be included in Annexure A, B & C. The failure to observe this provision strictly may result in defeating the purpose of the Act itself. The provision for exemption under sub-Ss. 2 and 3 of S. 3 will apply only in case the owner holds the land not in excess of the ceiling limit.