High Court Kerala High Court

V.P. Varghese vs Government Of Kerala on 20 February, 2008

Kerala High Court
V.P. Varghese vs Government Of Kerala on 20 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1384 of 2002()


1. V.P. VARGHESE, S/O. FRANCIS,
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA,
                       ...       Respondent

2. THE CUSTODIAN OF VESTED FORESTS,

                For Petitioner  :SRI.V.V.SURENDRAN

                For Respondent  :GOVERNMENT PLEADER(FORESTS)

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :20/02/2008

 O R D E R

J.B. Koshy & K.Hema, JJ.

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M.F.A. No.1384 of 2002

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Dated this the 20th day of February, 2008

Judgment

Koshy,J.

Appellant/Claimant filed an application for a declaration

that 1.10 acres of land in survey No.54 (resurvey No.283) of

Padinharathara village, Taluk Vaithiri is not a private forest. The

area is situated in Malabar. First question to be considered is

whether it is a private forest as defined under the Kerala Private

Forests (Vesting and Assignment) Act. As per the findings of the

tribunal, it was not an area covered under the M.P.P.F. Act, but, at

the same time, tribunal found that it was a forest. In any event,

appellants were not able to prove that it was not a forest and

burden is on the appellant to prove the same. The Commissioner

reported that the area in question was full of wild growth consisting

of wild grass, lemon grass, bushes and creepers and there are no

signs of any kind of cultivation or there are no construction or

structures in the disputed property. The tribunal also noticed that

even though revenue receipts were produced, it is only relating to

nearby properties and not relating to this property. Two sides of the

M.F.A.No. 1384/2002 2

property are vested forest. The tribunal further noticed that even

though purchase certificate was produced, the above purchase

certificate was issued not in the name of the appellant who is V.P.

Varghese, Son of Francis, Venakkuzhiyil House, Varampattam P.O.,

but, in the name of Menakuzhiyil Varghese, Pappanam mala

Padinjarethara and no records were also produced by the appellant

to prove that the above person is the appellant. Therefore, there

was no evidence to show that when the Act came into force, the

land was under cultivation and the appellant has got any right in the

petition schedule property. Taking into account all these

circumstances, the tribunal rejected the application. We are of the

view that the reasons stated by the tribunal are valid and cogent

and appellant was not able to prove the contentions raised to show

that the land in question was not a vested forest. In the above

circumstances, we see no ground in the appeal. Appeal dismissed.

J.B.Koshy
Judge

K. Hema
Judge

vaa

M.F.A.No. 1384/2002 3

J.B. KOSHY
AND
K.HEMA ,JJ.

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M.F.A. No. 1384 of 2002

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Judgment

Dated:20th February, 2008