STATE OF KERALA Vs. VELLAKKAT KESAVAN MENON

JUDGEMENT

(1.) These writ appeals arise out of a common judgment in O. P. Nos. 7271/92, 7866/92 and 9044/91. The question that arises for consideration is interpretation of R.3 of the Kerala Private Forests (Exemption from Vesting) Rules, 1974, hereinafter referred to as 'the Rules'. Applications filed by the petitioners in the original Petitions under R.3(1) were rejected by the custodian for the reason that they were filed out of time. Petitioners' challenge against the above view taken by the custodian was accepted by the learned Single Judge. In the common judgment, which is reported as 1992 (2) KLT 353 (Sankaranarayanan v. State of Kerala) learned Judge took the view that the period of limitation prescribed in R.3 is ultra vires the provision of Kerala Private Forests (Vesting and Assignment) Act, hereinafter referred to as 'the Act' and therefore, the custodian should have dealt with the applications on merits and disposed of the same in accordance with law. Thus, orders passed by the custodian rejecting the applications as barred by limitation, were quashed by the learned Single Judge and a direction was issued to the custodian to dispose of the applications in accordance with law. Aggrieved by the above, State and Conservator and Custodian of Vested Forests have filed-the writ appeals.

(2.) Petitions in the original petition had filed applications under the Private Forests (Tribunal) Rules, 1972 before the Forest Tribunal, Calicut claiming exemption regarding certain items of properties belonging to them from the provisions of the Act. These applications were rejected by the Tribunal for the reason that they were barred by limitation and that the Tribunal has no power to condone the delay. Aggrieved by the above, they filed appeals before this Court. These appeals were disposed of under a common judgment dated. 19.9.1988. The appeals were permitted to be withdrawn by the appellants without prejudice to their right, if any, to seek relief before any other forum. Pursuant thereto, they filed applications under R.3 before the Custodian of Private Forests on 14.10.1988. R.3 reads as follows:

(3.) The Custodian took the view that since the petitions were filed after 25.8.1974 they are not maintainable as per the provisions contained under sub-r. (b) of R.3. Relying on the decision of this Court in Jayadevan v. State of Kerala, 1981 KLT 86 , it was contended by the petitioners that the period of limitation prescribed under R.3 is ultra vires the provisions of the Act and therefore, an application filed even after 25th August, 1974 has also to be entertained by the Custodian. Reliance was also placed by the petitioners on a letter addressed by the Agricultural Production Commissioner and Secretary, Forests, Government of Kerala to Chief Conservator of Forests, Trivandrum on 13.7.1989 expressing a view that the limitation provision in R.3(b) cannot be considered as legally authorised by the statute and that the Custodian of Vested Forests may, therefore, be allowed to entertain an application for further scrutiny and decision. This argument was found favour with the learned Single Judge. Learned Judge has observed as follows: