Posted On by &filed under High Court, Kerala High Court.


Kerala High Court
Lakshmi vs The Government Of Kerala on 4 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 154 of 2004()


1. LAKSHMI, W/O. THAYAN,
                      ...  Petitioner

                        Vs



1. THE GOVERNMENT OF KERALA,
                       ...       Respondent

2. CUSTODIAN OF VESTED FORESTS,

                For Petitioner  :SRI.VINOD KUMAR.C

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice R.BASANT

 Dated :04/08/2010

 O R D E R
              A.K. BASHEER & P.Q. BARKATH ALI, JJ.
            ------------------------------------------------------
                      M.F.A. (FOREST) 154 OF 2004
            ------------------------------------------------------
                         Dated: AUGUST 4, 2010

                                JUDGMENT

Basheer, J.

The primary prayer in the application filed by the appellant

before the Forest Tribunal under Section 8 of the Kerala Private

Forests (Vesting and Assignment) Act, 1971, was for a declaration that

the petition schedule property was not a private forest. In the

alternative, she further prayed for exemption under Section 3(2) and

3(3) of the Act.

2. The Tribunal dismissed the application since the appellant

failed to produce the entire text of the partition deed which was

marked as Ext.A1 in the case. The Tribunal noticed that Ext.A1

produced by the appellant did contain only “E Schedule” comprising

only the property which was set apart for her in the partition. In

other words, Ext.A1 did not contain the other schedules. Therefore

the Tribunal took the view that there was no material to show that the

appellant would be entitled to get the benefit of Section 3(2) of the

Act.

3. Sri Prakash, learned Special Government Pleader (Forests)

submits that even if the appellant produced the above document

before the Tribunal in its entirety, it may not have improved her case

M.F.A. (FOREST) 154 OF 2004 2

in any manner.

4. Appellant has produced the entire text of Ext.A1 document

before this Court. We have perused the same. Having regard to the

entire facts and circumstances of the case, particularly the

observations made by the Tribunal in paragraph 8 of the order, we are

of the view that the appellant has to be given a further opportunity to

produce the said document before the Tribunal and adduce further

evidence, if any, in support of her case. However, such a concession

can be granted to the appellant only if she pays a sum of Rs.7500/- as

cost to the respondents. The cost shall be deposited before the

Tribunal within one month from today.

5. The Tribunal shall confine the consideration of the case only

to the availability of the benefit of Section 3(2) of the Act. It is made

clear that it will be open to the appellant and the respondents to

adduce further evidence, if so advised. The parties shall appear before

the Tribunal on September 9, 2010.

The Registry shall return the certified copy of the document to

the appellant on her substituting the same with a photocopy.

A.K. BASHEER, JUDGE

P.Q. BARKATH ALI, JUDGE
mt/-


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

107 queries in 0.177 seconds.