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.
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M.F.A. (FOREST) 154 OF 2004
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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/-
