JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER filed an application under S. 8 of the kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the Act ). This application was treated as time barred and rejected by the tribunal. That was by the order Ext. P2 PETITIONER challenges the order Ext. P-2, which is dated 9th September, 1987.

(2.) PETITIONER's contention is that he is in possession of certain land in Sy. No. 1905 of Agali Village , part of which had been notified as having vested under the Act by the notification Ext. P-1. R. 3 of the Kerala Private Forests (Tribunal) Rules, 1972 as it stood prior to 6-8-1981, required an application under S. 8 of the Act to be presented within 60 days from the date on which the act which gave rise to the dispute was done. There was an explanation to the Rule which stated that the date on which the act which gave rise to the dispute was done shall be the date of publication of the notification under sub-rule (2) of R. 2a of the Rules framed under the Act, in respect of the land to which the dispute relates.

(3.) IT must be noted at this stage that the application filed by the petitioner was not registered as a petition. IT was rejected even at the preliminary stage as time barred.