High Court Kerala High Court

Mrs.Padmadja vs State Of Kerala on 25 February, 2009

Kerala High Court
Mrs.Padmadja vs State Of Kerala on 25 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 660 of 2000()



1. MRS.PADMADJA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.ANIL SIVARAMAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :25/02/2009

 O R D E R
  K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
                   ---------------------------------
                    M.F.A.No.660 OF 2000
                   ---------------------------------
          Dated this the 25th day of February, 2009

                        J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The applicants, in O.A.No.94/98 before the Forest

Tribunal, Kozhikode, are the appellants. The applicants claimed

title and possession over 11.25 acres of land in re-survey No.1/1

of Puthuppadi Village of Kozhikode Taluk. They got assignment

of leasehold right of their predecessor-in-interest over the

property, as per document nos. 1689/1990 and 1692/1990 of

Sub Registrar’s Office, Thamarassery. They claimed that the

property was a rubber plantation before the appointed day,

10.5.1971. It was part of the rubber estate of the vendor

Company exempted by the Taluk Land Board as per proceedings

No.TLB(K)522/73 dated 21.1.1977. According to them, the files

of the Rubber Board also would show that the said property was

part of rubber plantation. Before executing the aforementioned

assignment deeds, sanction of the District Collector was also

obtained, as there was a prohibition imposed by the Collector,

M.F.A.No.660/2000 2

concerning the transfer of all properties covered by Re-survey

No.1/1 of Puthuppadi Village. Since the forest officials started

interfering with their possession over the property, the Original

Application was filed.

2. The respondents resisted the application contending

that the properties claimed by the applicants form part of private

forest vested in the Government under the provisions of the

Kerala Private Forests (Vesting and Assignment) Act, 1971. They

form part of VFC item No.26, having an extent of 1399 hectares

of land called Pataramedu Velliyara Vallathiplavu Malavaram.

The notification was published in the Kerala Gazette dated

25.1.1977. So, the claim is barred by limitation. Further, this

being private forest vested in the Government, on 10.5.1971, the

predecessor-in-interest of the petitioner did not have any title or

possession over the property.

3. The Tribunal tried this Original Application ,along

with O.A.No.73/1998, and dismissed both the applications by a

common judgment. The Tribunal relying on the Commissioner’s

M.F.A.No.660/2000 3

report found that there was not even a single rubber tree in the

scheduled property and that trees belonging to wild species were

growing there. Further, it was also noticed that the applicants

did not have a consistent case, regarding the conversion of the

land into rubber plantation. The Tribunal found that there was

no material on record to show that, on the appointed day, it was

covered by rubber plantation. So, the Original Application was

dismissed, along with the connected application. Therefore, the

aggrieved applicants, in both the Original Applications, have

filed the appeals. The connected case M.F.A.No.690/2000 was

already dismissed by this Court on 16.11.2006.

4. The appellants, mainly, canvased three points before

us. First point is that Annexure A13, proceedings of the Taluk

Land Board, has exempted the property of the vendor, which was

covered by rubber plantation. The property assigned in favour of

the appellants was part of that exempted property. The learned

counsel for the appellants also submitted that Ext.X1, file of the

Rubber Board, would show that the property was a rubber

plantation before 10.5.1971. Further, before executing Exts.A8

M.F.A.No.660/2000 4

and A9, sanction was granted by the District Collector, as per

Ext.A6. The same would also fortify the contention of the

appellants, it is submitted.

5. Going by the Ext.A13 and Ext.X1, it is evident that the

Company, which assigned the property in favour of the

appellants, owned a rubber estate in resurvey 1/1 of Puthuppadi

Village . But, there is no evidence on record to show that the

O.A. schedule property will form part of the aforementioned

property covered by the rubber plantation. Same is the case of

Ext.A6. The District Collector lifted the ban against transfer of

certain extent of land in resurvey No.1/1 of Puthuppadi Village.

But, whether the scheduled property, is part of the above said

property, so exempted, is not evident from the materials on record.

Further, we notice that the schedule of Exts.A8 and A9 documents

would show that the property assigned in favour of the appellants

was a rubber estate. But, the Commissioner’s report, Ext.C1, would

show that the scheduled property claimed to be in the possession of

the appellants does not contain even a single rubber plant. Therefore,

we find nothing wrong with the decision of the Forest

M.F.A.No.660/2000 5

Tribunal, rendered disbelieving the case of the appellants and

rejecting the Original Application. We notice that the decision

of the Tribunal is supported by reasons. We have independently

examined the materials on record. As noticed earlier, there is no

evidence to show that the O.A. schedule property is part of the

property treated as rubber plantation by the competent

authorities. In the result, the appeal fails and it is dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)
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