M S BHARGAVI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) MFA No. 791 of 1988 is by one of the petitioners against the common order of the Forest Tribunal, Palghat dated 24.2.1988 on two unregistered petitions filed under S.8 of the Kerala Private Forests (Vesting & Assignment) Act, 1974, (for short the Act). MFA No. 740, 748 and 1438 of 1996 are against orders passed on O.A. Nos. 122 of 1993, 67 of 1995 and 204 of 1990 respectively of the Forest Tribunal Kozhikode, whose common order on OA Nos. 35, 36, 37, 38, 39 and 40 of 1993 is under challenge in MFA No. 68 of 1997.

(2.) Two Division Benches of this Court by separate orders passed on 6.8.1986 and 15.1.1997 noticed a conflict of views as to the scope of S.8 of the Act and about the jurisdiction of the Forest Tribunal and pointed out that the decision in State of Kerala v. Komalavally ( 1995 (2) KLT 26 ), whose correctness was challenged, ran counter to Ranga Sesha Hills (P) Ltd. v. State of Kerala - ( 1991 (2) KLT 49 ) and unreported decisions in MFA Nos. 510 of 1984, 86 and 249 of 1988. These cases are referred to us to settle the controversy.

(3.) We heard counsel for the appellants and the Government Pleader.