IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 MFA.No. 384 of 2001() --------------------------------- OA.31/1999 of FOREST TRIBUNAL, KOZHIKODE .................... APPELLANTS/ RESPONDENTS 1 & 2 IN THE OA. ------------------- 1. THE GOVERNMENT OF KERALA REP.BY THE CHIEF SECRETARY, TRIVANDRUM. 2. THE CUSTODIAN, VESTED FOREST, ARANYA BHAVAN, OLAVAKKOD CIRCLE, PALAKKAD. BY GOVERNMENT PLEADER RESPONDENTS: / APPLICANTS 1 TO 3 & 3RD RESPONDENT IN THE OA. ----------------------- 1. VELLAKUTTY ALIAS V.V.KUTTY, S/O. VASU, 35 YEARS, ARMY SERVICE. 2. BALAKRISHNAN, S/O. VASU, 30 YEARS, AGEICULTURIST. 3. PRAMODKUMAR, S/O. VASU, 23 YEARS, COMPANY EMPLOYEE, PANNIKULAMBU, CHOOLANUR, ALATHUR TALUK. 4. VASU, S/O. VELLA 62 YEARS, AGRICULTURIST, PANNIKULAMBU, CHOOLANUR, ALATHUR. BY ADV. SRI.A.R.GANGADAS - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.384 OF 2001 () ----------------------------------- Dated this the 12th day of February, 2008 J U D G M E N T KOSHY,J. Respondent in this case filed an application before the Forest Tribunal contending that, one acre of land in Sy.No.166/K8 in their ownership and possession was disturbed by the Forest officials claiming that it is a private forest vested under the Kerala Private Forest (Vesting & Assignment) Act, 1971. After going through exhaustively the contentions, Commission reports, evidence etc. tribunal found that out of the above one acre, only 88 cents in the above survey number are in possession of the petitioners. Tribunal also found that petitioner's father had valid title over the property executed prior to the appointed date under the Vesting Act. Further, after considering the Commission report, it was found that the land in dispute was cultivated by cashew trees and it was a cultivated land. Hence a declaration was given by the tribunal MFA.384/01 2 that land in question (88 cents) is not a private forest. Only if the land is a private forest, it is vested under the Act. In view of the findings of facts, we are of the opinion that no grounds are made out to interfere in the order of the tribunal as object of the Act is to distribute the property vesting in the Government to poor landless people. Here the claim is only for 88 cents which was already cultivated prior to the Act. Considering the oral evidence, commission report and documentary evidence adduced before the tribunal, we see no ground to interfere in the award, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.384 OF 2001 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 12th February, 2008