M.S.A. No.1 of 1981, High Court of Kerala at Ernakulam

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **& THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939** **MSA.No. 1 of 1981** **------------------AGAINST THE JUDGMENT IN AS. NO.159/1976 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM. AGAINST THE JUDGMENT IN AS. NO. 179/1979 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM.** **CC. NO.2/1955 OF THE COURT OF FOREST SETTLEMENT OFFICER, KOTTAYAM. CC. NO.4/1960 OF THE COURT OF FOREST SETTLEMENT OFFICER, QUILON** **.....** ## **APPELLANT: (RESPONDENT NO.1 IN A.S):** **------------------------------------** **1. STATE OF KERALA, REPRESENTED BY D.F.O., KOTTAYAM, REPRESENTED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM.** - **ADDL. 2ND APPELLANT IMPLEADED** **2. PRINCIPAL SECRETARY TO GOVERNMENT, FORESTS AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM.** - **IS IMPLEADED AS ADDL. 2ND APPELLANT AS PER ORDER DATED 17/01/2005 IN I.A. NO.2166/2004.** **BY SRI.M.P. PRAKASH, SPECIAL GOVT. PLEADER FOR FORESTS.** ## **RESPONDENT: ((APPELLANT NO.1 IN A.S):** **-------------------------------------** - ***1. CHERIATHY JOSEPH PARIPPIL EETTATHOTTATHIL, POOVARANI MURI, MEENACHIL PAKUTHY, POOVARANY VILLAGE, MEENACHIL TALUK.(DIED)LRS IMPLEADED** ## **RESPONDENTS 2 TO 133 (ADDITIONAL APPELLANTS 2 TO 133)** **2. MATHAI, SON OF CHANDY, KOITHOTTATH VEETTIL, ANGADI MURI, RANNI VILLAGE, PATHANAMTHITTA TALUK.(DIED) (DELETED) [LRS 168 TO 170 IMPLEADED]** **3. CHACKO, SON OF JOSEPH, PANACHIKKAL HOUSE, ANIKKAD MURI, ANIKKAD VILLAGE, KOTTAYAM TALUK.(DELETED)** **MSA.No. 1 of 1981** **4. VARGHESE, SON OF FRANCIS, MALIYEKKAL VEETTIL, CHENNAKKAL MURI, CHENNAKKAL VILLAGE, PATHANAMTHITTA TALUK.(DELETED)** **5. N.I. ANTONY, MUTTATHUPARA VEETTIL, KARIKKATTURU MURI, MANIMALA VILLAGE, KANJIRAPPALLY TALUK.** **6. OUSEPH,** - **SON OF OUSEPH, PANNIPPILLIL, POOVARATHY MURI, POOVARATHY VILLAGE, MEENACHIL TALUK.** **7. OUSEPH, SON OF PYLO, VAYALIL VEETTIL, MURINGAYIL, AYARKUNNAM MURI, AYARKUNNAM VILLAGE, KOTTAYAM TALUK.** **8. ULAHANNAN, SON OF THOMMAN, MULANKACHERRIL, POOVARATHY MURI, POOVARATHY VILLAGE, MEENACHIL TALUK. (DIED, LRS IMPLEADED AS R193 TO 199)** **9. MATHEW, SON OF CHANDY, RESIDING AT AYATHIMATTHIL, DO. DO.(DELETED)** **10. KRISHNAN, SON OF KRISHNAN, BLACKSMITH, MOONNANAPPALLIL, DO DO. (DELETED)** **11. KESAVAN, SON OF PARAMESWARAN, CARPENTER, KULLRUPIACKAL, DO, MURI. (DIED)(LRS R177 & R178 IMPLEADED)** **12. JOSEPH, SON OF THOMMAN, MANGALATHIL, DO. MURI.** **13. MATHAI, SON OF VARKEY, KIDANGATHAZHCHAYIL, THEKKEKARA MURI, THEKKEKARA VILLAGE, POONJAR.(DIED) (LRS R175 & R176 IMPLEADED)** **14. DEVASSIA, SON OF MATHAI, RESIDING AT KUTTIPPALA, POOVARATHY MURI, MEENACHIL VILLAGE.** **15. ULAHANNAN SON OF ULAHANNAN, PUNNATHANATHU HOUSE DO. MURI.** **16. DEVASSIA, SON OF OUSEPH, THEKKEYIL, DO. MURI.** **17. OUSEPH, SON OF MATHAI, VAKAMALA, DO. MURI.** **MSA.No. 1 of 1981** **18. DEVASSIA, SON OF MATHAI, DO. DO. (DELETED)** **19. CHERIAN, SON OF THOMMAN, NADONTHIRAPPEL, CHUNKAPPARA, KOTTANGAL MURI KALLUPPARA VILLAGE, THIRUVALLA TALUK. (DELETED)** **20. OUSEPH, SON OF OUSEPH, PURAYIDATHIL, RESIDING AT A-ZHANGATTU, CHERIKKAL, PERUVANTHANAM VILLAGE, PERUVANTHANAM MURI.** **21. RAMA PANICKER CHANDRASEKHARA PANICKER, KIZHAKKE POOVATHUNKAL VEETTIL, POOVARATHY MURI, MEENACHIL VILLAGE. (DIED)(DELETED) (LRS R142 TO R150 IMPLEADED)** **22. JOSEPH, SON OF THOMMAN, KONGATTU KUNNEL, RESIDING AT KUT-KKOTTU THARA, KUNNAM MURI, RANNI VILLAGE.(DELETED)** **23. THOMAS, SON OF MATHAI, VADAKKE EATTATHODU, POOVARATHY VILLAGE, MEENACHIL VILLAGE.** **24. DEVASSIA, SON OF MATHAI, KAVUNKAL, DO. MURI (DIED)(LRS R179 TO R181 IMPLEADED)** **25. VARGHESE, SON OF OUSEPH, VECHUKKATHUODU, RESIDING AT VECHUKKUNNU, CHERIKKAL, ALAPRA MURI, MANIMALA PAKUTHY.** **26. MATHAI, SON OF OUSEPH, DO. DO.(DELETED)** **27. PHILIPHOSE, SON OF OUSEPH, KAPPALUMAKKAL, PANTHATHALA KARA, MEENACHIL VILLAGE. (DELETED)** **28. JOSEPH, SON OF KURIAN, VADAKKE THADATHIL, MARANGATTU PALLIKKARAYIL, ELAKKODU PAKUTHY.** **29. KUNJU MOHAMMED RAWTHER, SON OF AYTHEENKUNJU RAWTHER, RESIDING AT MANGALATHY PARAMBU, ALAPRA MURI, MANIMALA VILLAGE. (DELETED)** **MSA.No. 1 of 1981** **30. PARVATHY AMMA PARVATHY AMMA, CHERUTHAZHATHU VEETTIL, VELLIYAPPALLIL KARA, MEENACHIL VILLAGE (DIED) (LRS R182 TO R189 IMPLEADED)** **THE NAME OF THE 30TH RESPONDENT IS STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DATED 01/09/1981 ON CMP.15149/81.** **31. REV. FATHER MATHAI AUGUSTINE, VICAR OF POOVARATHY CHURCH, POOVARATHY VILLAGE (FROM KACHARAMATTATHIL RAMESWARAM MURI, RAMESWARAM VILLAGE) (DELETED)** **32. CYRIAC, SON OF JOSEPH, KATTA THUTTATHIL PARIPPIL, POOVARATHY MURI, POOVARATHY VILLAGE.** **33. JAMES, SON OF JOSEPH .DO. DO.** **34. THOMAS, SON OF JOSEPH .DO. DO** **35. GEORGE, S/O..DO. DO.** **36. CHERIAN, S/O..DO. DO.** **37. JOSEPH, SON OF JOSEPH .DO. DO.** **38. ANIYAMMA, D/O. JOSEPH,.DO. DO.** **39. ELIYAMMA, D/O. DO. DO.** **40. JOHN, S/O. JOSEPH, DO. DO.** **41. MATHEW, S/O.THOMMAN, VADAKKE EETTATHODU, POOVARATHY MURI, MEENACHIL VILLAGE.** **42. JOSE, S/O.MATHAI, MALLYAKKAL, EETTATHODU, POOVARATHY MURI.** **43. ANTHONY,** - **S/O.OUSEPH, KAVUNPURATH VEETTIL, DO. DO.** **44. THOMMAN,** - **S/O.DEVASSIA, EATTATHODU, THOLATHIL, DO. MURI.** **45. CHERIAN,** - **S/O. THOMMAN, EATTATHOTTATHIL, PARIPPIL .DO.** **46. SEBASTIAN,** - **S/O. THOMMAN, DO. DO.** **MSA.No. 1 of 1981** **47. DR.VARGHESE EAPEN, DENTIST, NADAVILLIL, VAZHOOR PAKUTHY** **48. OUSEPH, S/O.VARGHESE, VECHUKAROTTU ALAPRA MURI, MANIMALA PAKUTHY. (DELETED)** **49. THOMMAN, S/O.MATHAI, KOOVAKUNNEL, RESIDING AT PALEKKATHADATHIL, DO. MURI. (DELETED)** **50. CHERIAN, S/O.JOSEPH, VAELLAKALLU PURAYIDOM, POOVARATHY MURI, MEENACHIL.** **51. JOSEPH,S/O.JOSEPH, .DO. DO.** **52. THOMMAN JOSEPH ALIAS PAPPACHAN, MOLANKACHERIL, POOVARATHY MURI, MEENACHIL TALUK.** |**53.**|**JOSEPH,**|| |---|---|---| ||**S/O.KURUVILLA, MANDATHUMAKKIL,**|| ||**KADAPLAMATTATHU MURI, ANDOORU MURI,**|| ||**ELAKKADU PAKUTHY.**|| |**54.**|**JOSEPH,**|| ||**SON OF VARKEY, VADAKKE MURI,**|| ||**CHERUCHILAMBILAL, POOVARUTHY MURI,**|| ||**MEENACHIL PAKUTHY.**<br>**(DELETED)**|| |**55.**|**KOCHUKUTTA NAIR, SEKHARAN NAIR,**|| ||**AKKAPARAMBIL HOUSE, DO MURI.**|| |**56.**|**NARAYANA PANICKER, GOVINDA PANICKER,**|| ||**POOVELLIL, VADAKKUMBHAGOM MURI,**|| ||**CHIRAKKADAVU PAKUTHY, PONKUNNAM P.O.**|**(DELETED)**| |**57.**|**PARU,**|| ||**WIFE OF KADUTHA, CHERUKUNNEL THERBAYALIL,**|| ||**POOVARATHY MURI, MEENACHIL PAKUTHY.**|**(DELETED)**| |**58.**|**GEE, SON OF JOHN,**|| ||**NAGATHOLIKUNNAMPURAM, NAVADA KARA, DO.**|| |**59.**|**NARAYANA PILLAI GOPALA PILLAI,**|| ||**ANGENATHU (FROM NOOLAKKATTU),**|| ||**MARIYATHURUTHY KARA, AYMANAM PAKUTHY.**|**(DELETED)**| |**60.**|**OUSEPH, S/O VARKEY,**|| ||**AKKARAKKORATTU CHENGALAM KARA,**|| ||**AIAKUNNAM PAKUTHY.(DIED) (DELETED)(LRS**|**R190 TO R192 IMPLEADED)**| |**61.**|**JOSEPH, SON OF ABRAHAM,**|| ||**VADAKKE MURIYIL, POOVARATHY MURI,**|| ||**MEENACHIL PAKUTHY.**<br>**(DELETED)**|| **MSA.No. 1 of 1981** **62. UTHRAMNAL RAGHAVARU RAMA VARMAN THAMPURAN, KALPUZHA PALACE, THELTHELLUR, EZHUMMANNUR MURI, EZHUMMANNUR PAKUTHY. (DIED) (DELETED)(LRS IMPLEADED AS ADDL. R238)** **63. CELNAMMA, DAUGHTER OF JOSEPH VAKAMALA PURAYIDOM, POOVARATHY MURI, POOVARATHY VILLAGE.** **64. NARAYANAN NAIR RAGHAVAN NAIR, KUTTIYANIKKAL HOUSE, POOVARATHY MURI. (DELETED)** **65. OUSEPH, SON OF OUSEPH, PORIYATHY VILAKKUMADAM, MEENACHIL PAKUTHY. (DELETED)** **66. JOSPEH FRANCIS, RESIDING AT VAKAMALA PURAYIDATHIL, POOVARATHY VILLAGE, POOVERTHY MURI.** **67. KUNJAMBU, KARAYIL HOUSE, PALLIYAM DESOM, THILLASSERRI DESOM, NORTH MALABAR. (DIED) (DELETED)** **DELETED FROM PARTY ARRAY, AS PER ORDER DATED 31/07/1985 ON CMP.21502/85.** **68. MADAVAN PILLAI, RAMAKRISHNA PILLAI, KADAKKEYATH PUTHENPURAYIL, THAMPALEKADU MURI, KANJIRAPPALLY VILLAGE.** **69. AYYAPPAN NAIR NARAYANAN NAIR, IDAPALLIKUNNEL, VELIYANNUR KARA, PANAMATTOM, AKALAKUNNAM PAKUTHY.** **70. AYYAPPAN NAIR, PURUSHOTHAMAN NAIR, NEDUMALKAL VEETTIL, DO. KARA.** **71. AYYAPPAN NAIR RADHAKRISHNAN NAIR, IDAPPILIKUNNEL VEETTIL, -DO-** **72. A.S. GOPINATHAN NAIR, KADAKKAYATH HOUSE, ERUMELL KARA, ERUMELI VILLAGE.** **73. KESAVAN NAIR SOMAN NAIR, RESIDING AT PALAKKEL, PALKKATTU KARA, MEENACHIL PAKUTHY (FROM MUALAKKAL OF ELAMKULAM KARA IN AKALAKUNNU) SON OF LATE 6TH PARTY IN THE KARAR UDAMPADY). (DELETED)** **74. THOMMAN, SON OF CHERIATH, EATTATHOTATHIL PARIPPIL POOVARATHY MURI, MEENACHIL PAKUTHY.** **75. JOSEPH, SON OF ITTIYAVARAH, KUNNATHUMAKKAL, KEXHAVAMKULAM KARA, PULIYANNUR PAKUTHY.** **MSA.No. 1 of 1981** |**76.**|**CHENNAMMA NOBERT,**||| |---|---|---|---| ||**KALLARAKAL, PRAVITHANAM KARA,**||| ||**ANIKKAD PAKUTHY, MEENACHIL TALUK.**||| |**77.**|**ACHAMMA JOSEPH VADIKATTU KUNNEL,**||| ||**NAVADA KARA, -DO-**||| |**78.**|**KRISHNAN NAIR,**||| ||**RAMAKRISHNAN NAIR, VEETIKOMBIL,**||| ||**KEZHUVEKULAM KARA, PALLIYANNUR PAKUTHY.**||| |**79.**|**JOSEPH,**||| ||**SON OF THOMAN, EETTATHOTTATHIL, PARIPPIL,**||| ||**RESIDING IN ANAMANELLIL, MALOM GRAMOM,**||| ||**HOSDURG TALUK, NORTH MALABAR.**|**(DELETED)**|| |**80.**|**CHERIAN, SON OF THOMMAN, -DO- -DO-**||**(DELETED)**| |**81.**|**SEBASTIAN, SON OF -DO- -DO-**|**(DELETED)**|| |**82.**|**MARIYAMMA, WIFE OF THOMAS,**||| ||**MANIYANGATTU -DO- -DO- (DELETED)**||| |**83.**|**CHERIYAN ANNAKUTTY,**||| ||**VAZHATHARIKKAL, KOLAYADU VILLAGE,**||| ||**KOLAYADU MURI, TELLICHERRY TALUK.**|**(DELETED) (DIED)**|| ||**(LRS IMPLEADED AS ADDL. R239 TO R243)**||| |**84.**|**GEORGE,**||| ||**SON OF THOMMAN, RESIDING AT KARIMATUTHUNKUNNEL,**||| ||**POOVARATHY MURI, MEENACHIL PAKUTHY.**||| |**85.**|**JAMES,**||| ||**SON OF THOMAS, EATTATHOTTATHIL,**||| ||**PARIPPIL, -DO- MURI. (DIED) (LRS IMPLEADED AS ADDL. R244 TO R247)**||| |**86.**|**KRISHNAN RAJAPPAN,**||| ||**PALATHINAL, -DO- MURI.**||| |**87.**|**VELU VELU,**||| ||**KUNNIYANKAL, -DO- MURI.**<br>**(DELETED)**||| |**88.**|**JOSEPH MERY,**||| ||**RESIDING IN KARIMARUTHUMUNNEL, -DO-**||| |**89.**|**THOMMAN MATHAI,**||| ||**PURAYIDATHIL RESIDING AT KOLLAMULA,**||| ||**KUNNAM MURI, RANNI PAKUTHY. (DELETED)**||| |**90.**|**SIMON PHILIP CHITTEZHATTUVEETTIL,**||| ||**KARITHALA DESOM, ERNAKULAM.**||| |**91.**|**ALEYAMMA JOHN,**||| ||**JOOHERIVEETTIL, THATHAMPILLIKARA,**||| ||**ALEPPEY.**<br>**(DELETED)**||| **MSA.No. 1 of 1981** **92. JOSEPH PHILIP, CHITTEZHATTUVEETTIL, KARITHALA DESOM, ERNAKULAM.** **93. KURUMALLUUR PADMANABHA PILLAI, PADMANABHA PILLAI, VADAKKUMBHAGOM MURIYIL, CHIRAKKADAVU VILLAGE, KANJIRAPPILLY TALUK. (DELETED)** **94. THALAPPILLIL KARTHIYANI AMMA ALIAS LAKSHMYKUTTY AMMA, RESIDING AT KAYAPLAKKAL VADAKKUMBHAGOM MURIYIL.** **95. GOVINDA PANICKER, CHANDRASEKHARA PANICKER, POVELIL VEETTIL DO.** **96. KARTHIYANI AMMA @ M.G. BHANUMATHY AMMA, MALAYATTILVEETTIL, DO.** **97. ALEMAKKAL ANANDAN ALIAS RAGHAVAN, RESIDING AT THOMMITTAZHA DO, DO.** **98. PARAKKAL SELINAMMA CHANDI,** - **DO. MURIYIL, VAZUR VILLAGE. (DELETED)** **99. KAVUNGAL MATHAI DEVASSIA, DO. P.O. VARATHI VILLAGE. (DELETED)(LRS R205 TO R214 IMPLEADED)** **100. ILANJIKKAVIL SANKARAN NAIR @ RAMACHANDRAN NAIR, RESIDING AT NELLIYANIKKATHAZHA, VADAKKUMBHAGOM MURIYIL, CHEERAKADAVU VILLAGE.** **101. SANKARAMANGALATH PARAMESWARAN NAIR @ SANKARANARAYANAN PANICKRR, PADINKATHUMURIYIL, DO. VILLAGE. (DELETED)(DIED) (LRS IMPLEADED AS R215 TO R217)** **102. ILLAVUTHANATH AYYAPPAN NAIR ALIAS RAMAKRISHNAN NAIR, PANAMATTOM KARAYIL, ELIKULAM VILLAGE.** **103. KIZHAKKAKKADAKKATHEYA CLAVUNGAL GEE VARGHESE SECMAN, PERUMBETHIMYRIYIL, EZHUMATTUR. (DELETED)** **104. MADATHIL JOSEPH IMMANUEL, VALACHIRAMURIYIL, KADUTHURUTHY.** **105. LAKSHMANA JOSEPH, DO. DO. 106. MOOKARANTH KOCHUJU ALIAS CHACKO, RESIDING AT KURIYAMPLAVIL, PERUMPETHIMURIYIL, EZHAMATTUR. (DELETED)** **107. ANTHICKULATH SOURYAR DEVASSIA, ELAMKULAMKARAYIL AKALAKUNNAM.** **MSA.No. 1 of 1981** |**108. SOURYAR MICKAEL, -DO- -DO-**<br>**(DELETED)**||| |---|---|---| |**109. KALATHIPURAYIDATHIL DEVASSIA MICKAEL,**||| |**POOVARANNI MURIYIL, POOVARANNI.**<br>**(DELETED)**||| |**110. MEMPUZHAYIL OUSEPH CHACKO, -DO- -DO-.**|**(DELETED)**|| |**111. THOMMAN MATHAI,**||| |**RESIDING AT KALAMBUKKATTU -DO- -DO-.**||| |**112. KAVNGAL MATHAI, DEVASSIA, -DO- -DO-.**|**(DELETED)**|| |**DELETED FROM PARTY ARRAY AS PER ORDER DATED 31/07/1985**||| |**ON CMP.21502/85.**||| |**113. PARAMESWARAN NAIR ALIAS**||| |**N.K. GOPALAKRISHNA PANICKER,**||| |**RESIDING AT GIRIJAMANDIRAM EDABHAGOM,**||| |**PADINKATTUMURIYIL, CHEERAKADAVU VILLAGE.**||**(DELETED)**| |**114. MOOLAKUNNEL AYYAPPAN NAIR ALIAS**||| |**KARUNAKARAN NAIR, VADAKKUMBHAGOM MURIYIL,**||| |**CHIRAKADAVU VILLAGE.**<br>***(DELETED)**||| |**115. SUKUMARAN, SON OF KULIRUPLACKAL NANU,**||| |**POOVARANNI MURIYIL, POOVARANNI VILLAGE.**||| |**116. KRISHNAN ALIAS NARAYANAN,**||| |**KULAMOOTTIL VEETTIL, THOTTAMANMURIYIL,**||| |**RANNI.**<br>***(DELETED)**||| |**117. DEVASSIA JOSEPH,**||| |**ITTATHOTTUTHALATHIL, -DO-, MURIYIL**||| |**POOVARANNI VILLAGE.**<br>***(DELETED)**||| |**118. KARUNAKUMMEL OUSEPH THOMAS,**||| |**RESIDING AT MAMPUZHAIL, -DO-.**<br>***(DELETED)**||| |**119. PURAYIDATHIL UTHUPPAN ALIAS UTHUPPAN, -DO-.**||***(DELETED)**| |**120. THEKKAYIL ALEMMA JOSEPH, -DO- -DO-.**|***(DELETED)**|| |**121. MOLANKACHERIL THOMMAN THOMMAN, -DO-, -DO-.**||***(DELETED)**| |**122. KUNHANJU ALIAS VARGHESE,**||| |**SON OF KISHAKKA MADAKKELTHIL THUNDIYIL SIMON,**||| |**RPERUMPATTIMURIYIL, EZHAMATTUR.**<br>***(DELETED)**||| |**123. MALAYETHIL GOVINDAN NAIR,**||| |**NEELAKANTAN NAIR,RESIDING AT SNATHOSH BHAVAN,**||| |**VADAKKUMBHAGOM MURIYIL, CHIRAKADU VILLAGE,**||| |**KANJIRAPPALLY TALUK.**||| |**124. MALAYATTIL GOVINDAN NAIR GOPINATHAN NAIR, -DO-.**||| **MSA.No. 1 of 1981** |**125.**<br>**126.**<br>**127.**<br>**128.**<br>**129.**<br>**130.**<br>**131.**<br>**132.**<br>**133.**<br>**134.**<br>**135.**<br>**136.**<br>**137.**<br>**138.**|**SAINABHABEEVI,**<br>**WIFE OF MOLLUMPARAMBIL PAREETH RAWTHER,-DO-, -DO-.**<br>**NARAYANAN NAIR, VELAYUDHAN NAIR ALIAS KRISHNAN NAIR,**<br>**VELAYUDHAN NAIR, THEKKEKARAVEETTIL, -DO- MURIYIL**<br>**ANIKKAD VILLAGE, KOTTAYAM TALUK. *(DELETED)**<br>**MULAVILILVEETTIL N.GOPALA PILLAI,**<br>**RESIDING AT RADHASADANAM, VADAKKUMBHAGOM MURIYIL,**<br>**CHIRAKADAVU VILLAGE.**<br>***(DELETED)**<br>**VEIYAMPARAMBIL OUSEPH THOMAS,**<br>**POOVARATHI VILLAGE, MEENACHIL TALUK. *(DIED)**<br>**(LRS R171 TO R174 IMPLEADED)**<br>**ODAKKAL VEETTIL M.MATHEW,**<br>**DO. MURIYIL, KADAVATHU VILLAGE.**<br>***(DELETED)**<br>**KALLUNGAL OUSEPH PATHROSE,**<br>**KUDAKKACHIRAMURIYIL, VILLIBIRA VILLAGE. *(DELETED)**<br>**ODAKKAL VEETTIL P.M.KURIAKOSE,**<br>**DO. MURIYIL, KADAANADU VILLAGE.*(DELETED)**<br>**PORIYATHU OUSEPH OUSEPH,**<br>**VILAKKUMADANMURIYIL, THIDANADU DO.*(DELETED)**<br>**PORAKUNNEL KOMU ALIAS KADUNNE GOPALAN,**<br>**DO. MURIYIL, POOVARANNI VILLAGE.**<br>***(DELETED)**<br>**RESPONDENTS 2, 3 & 4 IN THE APPEAL**<br>**JOSEPH FRANCIS, KAYATHUMKARA,**<br>**KOLAYAD P.O., VIA THALASSERY,**<br>**FROM KAYATHUNKARA, ARAKULAM MURI,**<br>**KARIKODE PAKUTHY. (DIED) (LRS IMPLEADED AS ADDL. R248 TO R251)**<br>**AVITTAM NAL RAVIVARMA THAMPURAN,**<br>**NEYTHALLOOR KAIPUZHA KOIKKAL,**<br>**MATHILBHAGOM MURI, THIRUVALLA. *(DELETED) (DIED)**<br>**ADDL. RESPONDENTS 203 & 204 IMPLEADED**<br>**PALAI GENERAL PLANTATIONS(PVT) LTD., NO.951,**<br>**POOVARANI VILLAGE, POOVARANNI P.O.**<br>***(DELETED)**<br>**ADDL. RESPONDENTS R137 TO R141 IMPLEADED**<br>**K. NANOO, PRESIDENT,**<br>**KOLLAM JILLA PATTIKAJATHI PATTIKAVARGA**<br>**KARSHAKA SANGAM, NO.Q369/79, NEDUNGALAM,**<br>**PARAVOOR, QUILON DISTRICT.**<br>**S. BALAKRISHNAN, PRESIDENT,**<br>**KOLLAM JILLA PATTIKAJATHI PATTIKAVARGA**<br>**KARSHAKA SANGAM, NO.Q369/79, NEDUNGALAM,**<br>**PARAVOOR, QUILON DISTRICT.**| |---|---| **MSA.No. 1 of 1981** **139. C.S.Y. SUBBIAH NAIDU, S/O. SANKARA NAIDU, ARAYALINMOODU, QUILON VILLAGE, NOW EMPLOYEE IN DIVISIONAL OFFICE, CENTRAL BANK OF INDIA, RAJADHANI BUILDING, FORT, TRIVANDRUM-25. *(DIED) (LRS R200 TO R202 IMPLEADED)** **140. R. SOUNDARARAJAN, S/O. RANGASWAMY NAIDU, KIZHAKKUMURI VEEDU, NEAR RAILWAY STATION, GODOWN STREET, MADURAI, NOW RESIDING AT PLOT NO.182, MALLIKA, K.K. NAGAR, MADURAI. *(DIED) *(DELETED)(LRS IMPLEADED)** **141. S. KARTHIKEYAN, S/O. SANKARAN, NOW RESIDING AT AJAY BHAVAN, KOTTAMKARA, CHANDANATHOPPU, QUILON, FROM KOTTAVEETTIL KADAVIL, ARINELLUR MURI, THEVALAKKARA VILLAGE.** **ARE IMPLEADED AS ADDITIONAL RESPONDENTS 137 TO 141 AS PER ORDER DATED 06/11/1981 IN CMPS.14235, 14238, 17769 AND 19747/1981 RESPECTIVELY.** ## **ADDL. RESPONDENT 142 TO 150 IMPLEADED** **142. THANKAMMA, NEDUMPLAPUZHA HOUSE, NATTACKAL P.O., ANANDESWARAM (VIA), CANNANORE DISTRICT.** **143. M.C. GOPALAKRISHNAN NAIR -DO-. *(DELETED)** **144. M.S. VISWAMBHARAN NAIR, -DO-. *(DELETED)** **145. M.S. SOMASEKHARAN NAIR, -DO-. *(DELETED)** **146. M.C. RADHAKRISHNAN NAIR, -DO-.** **147. M.C. THANKAPPAN NAIR, -DO-. *(DELETED)** **148. M.C. RAJAMMA, -DO-.** **149. M.C. RATNAMMA, -DO-.** **150. M.C. KUMARI, -DO-.** - **THE LEGAL REPRESENTATIVES OF THE DECEASED 21ST RESPONDENT ARE IMPLEADED AS ADDL. RESPONDENTS 142 TO 150 AS PER ORDER DATED 16/02/1982 IN CMP. NO.15147/1981.** **ADDL. RESPONDENTS 151 TO 161 IMPLEADED** **151. M.K. RAMAKRISHNA PILLAI, S/O. KESAVA PILLAI FROM CHANGANASSERY OF SANTHI BHAVAN, VANAKAPPA FAMILY, EDAMATTOM P.O.** **152. M.K. PRABHAKARAN PILLAI, SANTHI BHAVAN, POOVARANI VILLAGE, EDAMATTOM P.O., MEENACHIL TALUK.** **MSA.No. 1 of 1981** **153. M.K. KESAVA PILLAI, -DO-. -DO-.** **154. M.K. PURUSHORTHAMAN PILLAI, HOMEO DOCTOR, PAIKA IN MEENACHIL TALUK.** **155. V.K. RAMACHANDRAN NAIR, ADVOCATE, PALAI.** **156. R. BALAKRISHNA PILLAI, HOMEO DOCTOR, PLAI, MEENACHIL.** **157. KARTHIYAYANI AMMA, THEKEDETH, ANIKAD, PALLITHODAM, AKALAKUNNAM.** **158. K.N. PRABHAKARAN NAIR, -DO-. -DO-. HUSBAND OF NO.6.** **159. RAJAGOPAL, SON OF ABOVE NOS.6 AND 7. -DO- -DO-.** **160. BALAGOPAL, SON OF PRABHAKARAN PILLAI, SANTHI BHAVAN, POOVARANI VILLAGE, EDAMATTOM P.O., MEENACHIL TALUK.** **161. M. ABDUL KAREEM, SON OF MERA SAHIB, KUTHIRA PANTHIYIL HOUSE, KAREEPUZHA WARD, QUILON VILLAGE, QUILON TALUK (ON HIS OWN BEHALF AND ON BEHALF OF THE OTHER 10 ASSIGNEES MENTIONED IN THE ACCOMPANYING AFFIDAVIT IN CMP.25418/81).** **ARE IMPLEADED AS ADDITIONAL RESPONDENTS 151 TO 161 AS PER ORDER DATED 19/02/1982 IN CMP. NOS.25053/1981 AND 25478/1981 RESPECTIVELY.** **ADDL. R162 TO 165 IMPLEADED** **162. P.K. KUNJAN, S/O. KUNJAPPI, PADAYAKULAM NIKARTHIL, KOKKOTHAMANGALAM VILLAGE, MARUTHURVATTOM P.O., SHERTHALLAI. *(DIED)** **163. THARA GOWRI, W/O. P.K. KUNJAN, -DO-. -DO-.** **164. K.G. MOHANDAS, S/O. P.K. KUNJAN, -DO-. -DO-.** **165. K.P. KAMALASAN, S/O. KUNJAPPI, PUTHIYAMADOM NOKARTHIL, KOKKOTHAMANGALAM P.O., SHERTHALLAI. (DIED, LEGAL HEIRS IMPLEADED AS ADDITIONAL RESPONDENTS 281 TO 283)** **ARE IMPLEADED AS ADDL. RESPONDENTS 162 TO 165 AS PER ORDER DATED 06/01/1983 IN CMP.27688/1982.** **MSA.No. 1 of 1981** ## **ADDL. R166 IMPLEADED** **166. N.G. RAMAVARMA THAMPURAN, NEITHALLOR KOIKKAL, NOW RESIDING AT MANGALOTHAYAM PALACE, KULANADA P.O., PANDALAM. *(DELETED)** **IMPLEADED AS PER ORDER DATED 31/07/1985 IN CMP.8008/1984.** **ADDL. R167 IMPLEADED** **167. KURUVILLA, S/O.JOSEPH, NEERANAKUNNEL, VELICHIYANIKARA, MUNDAKAYAM, KANJIRAPPALLY TALUK.** **IMPLEADED AS PER ORDER DATED 31/07/1985 IN CMP.30726/1983.** **ADDL. R168 TO R170 IMPLEADED** **168. MATHAI KUNJAPPAN, S/O. MATHAI, KOTHOTTATHIL HOUSE, ANGADY MURI, RANNI VILLAGE, PATHANAMTHITTA TALUK.** **169. MATHEW, S/O. MATHAI, DO. DO.** **170. MATHAI KUNJUMON, S/O. MATHAI, DO. DO.** **IMPLEADED AS LRS OF THE DECEASED R2 AS PER ORDER DATED 31/07/1985 IN CMP.18714/1985.** **ADDL. R171 TO R174 IMPLEADED** **171. THOMAS JOSE, S/O. THOMAS, VARIAMPARAMBIL HOUSE, POOVARANI MURI & VILLAGE, MEENACHIL TALUK.** **172. THOMAS THOMAS, S/O. THOMAS, DO.** **173. THOMAS SUNNY, S/O. THOMAS, DO.** **174. THOMAS KUNJUMON, S/O. THOMAS, DO. (MINOR REPRESENTED BY GUARDIAN R171).** **IMPLEADED AS THE LRS OF DECEASED R128 AS PER ORDER DATED 31/07/1985 IN CMP.18715/1985.** **ADDL. R175 & R176 IMPLEADED** **175. JOSEPH MATHEW.** **176. K.M. GEORGEKUTTY, -DO- -DO-.** **ADDL. R177 & R178 IMPLEADED** **177. KESAVAN NARAYANAN, S/O. KESAVAN KULIRUPLACKAL, POOVARANI MURI & VILLAGE, MEENACHIL TALUK.** **MSA.No. 1 of 1981** **178. KESHAVAN GOPI, S/O. DO. DO.** **IMPLEADED AS THE LRS OF THE DECEASED R11 AS PER ORDER DATED 31/07/1985 IN CMP.18717/1985.** **ADDL. R179 TO R181 IMPLEADED** **179. MATHEW OUSEPH, S/O. MATHAI, KAVUNKAL HOUSE, POOVARANI VILLAGE, MEENACHIL TALUK.** **180. MATHEW DEVASSIA, S/O. DO. DO.** **181. MATHAI MATHAI, S/O. DO. DO.** **IMPLEADED AS LRS OF DECEASED R24 AS PER ORDER DATED 31/07/1985 IN CMP.18718/1985.** **ADDL. R182 TO R189 IMPLEADED** **182. PARVATHI AMMA BHARGAVI AMMA, CHERATHAZHATHU VEETTIL, VALLIAPALLIL KARA, MEENACHIL VILLAGE & TALUK.** **183. PARVATHI AMMA SAROJINI AMMA, D/O. PARVATHI AMMA, DO. DO.** **184. K.B. PADMAKUMARAN NAIR, DO. HOUSE.** **185. PADMAKUMARI, DO. HOUSE.** **186. K.S. OMANA, DO. HOUSE. 187. K.S. JAYASREE (MINOR 17½), DO. HOUSE.** **188. K.S. MAYADEVI (MINOR AGED 15 YEARS), DO. HOUSE.** **189. K.S. SANDHYA, (MINOR AGED 12 YEARS), DO. HOUSE. (ADDITIONAL RESPONDENTS 187 TO 189 ARE REPRESENTED BY THEIR GUARDIAN RESPONDENT NO.183).** - **IMPLEADED AS LRS OF THE DECEASED R30 AS PER ORDER DATED 31/07/1985 IN CMP.18720/1985.** **ADDL. R190 TO R192 IMPLEADED** **190. VARKEY, S/O. JOSEPH, AKKARAKARAVATHI HOUSE, CHENGALAM KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK.** **191. JOSEPH, S/O. JOSEPH, DO. *(DELETED) 192. MATHEW, S/O. JOSEPH, DO. *(DELETED)** **IMPLEADED AS LRS OF THE DECEASED R60 AS PER ORDER DATED 31/07/1985 IN CMP.18721/1985.** **MSA.No. 1 of 1981** ## **ADDL. R193 TO R199 IMPLEADED** **193. JOHN JOSEPH, MULAKASSERY, POOVARANY P.O., PALAI.** **194. JOHN THOMAS, DO. DO.** **195. JOHN JOHN, DO. DO.** **196. JOHN MATHEW, DO. DO.** **197. JOHN JOSEKUTTY, DO. DO.** **198. JOHN CHACKOCHAN, DO. DO.** **199. JOHN DEVASIACHAN, DO. DO.** **ADDL. RESPONDENTS 193 TO 199 ARE IMPLEADED AS LRS OF DECEASED 8TH RESPONDENT AS PER ORDER DATED 23/06/1986 IN CMP.10881/1984.** **ADDL. R200 TO R202 IMPLEADED** **200. S. INDRANI, D/O. LATE SUBBAIAH NAIDU, ARAYALAMOODU, QUILON. *(DELETED)** **201. S. LALITHAMBIKA, D/O. LATE SUBBAIAH NAIDU -DO-. *(DELETED)** **202. S. RAJESWARI, D/O. LATE SUBBARAB NANDU, C/O. R. SOUNDERAJAN, PLOT NO.172, DOOR NO.8, 21ST CROSS STREET, INDIRA NAGAR, MADRAS.** **ADDL. RESPONDENTS 200 TO 202 ARE IMPLEADED AS LRS OF DECEASED 139TH RESPONDENT AS PER ORDER DATED 23/06/1986 IN CMP.24977/1985.** **THE NAMES OF RESPONDENTS NO.2 TO 4, 10, 18, 19, 21, [LRS OF 143 TO 145] 22, 27, 29, 31, 48, 49, 54, 56, 57, 59, 60, 61, 62, 64, 65, 73, 79 TO 83, 87, 89, 91, 93, 98, 99 [LRS OF 99-205, 206], 100, 101, 103, 106, 108, 109, 110, 113, 114, 116 TO 122, 126, 127, 129 TO 133, 135 [LRS OF 135-203, 204], 136 TO 138, 140, 143 TO 145, 147, 161, 166, 168, 169, 190 TO 192, 200 TO 202 DELETED VIDE SUPREME COURTS ORDER DATED 13/12/1999 PASSED IN I.A. 1 TO 6.** **ADDL. R203 & R204 IMPLEADED** **203. NAITHALLOOR KOYIKKAL WELFARE TRUST, REPRESENTED BY ITS PRESIDENT R. RAMAVARAMA THAMPURAN, JOSNA, KAITHAMANA, KALARCOD P.O., ALLEPPEY-3. (DELETED)** **MSA.No. 1 of 1981** **204. C.R. UDAYAVARMA THAMPURAN, SECRETARY, KOYIKKAPARAMP VADAKKE KOYIKKAL, MATHULBHAGOM, THIRUVALLA.** **ADDL. RESPONDENTS 203 AND 204 IMPLEADED AS PER ORDER DATED 23/06/1986 IN CMP.21501/1985. ADDL. R205 TO R214 IMPLEADED** |**205.**<br>**206.**<br>**207.**<br>**208.**<br>**209.**<br>**210.**<br>**211.**<br>**212.**<br>**213.**<br>**214.**<br>**215.**|**THRESIA, W/O. MATHAI, AGED 63,**<br>**KALLINGAL HOUSE, POOVARANI, MEENACHIL. *(DELETED)**<br>**DEVASSIA, S/O. MATHAI, AGED 48,**<br>**KUTTIPALAM HOUSE, MANKULAM P.O.,**<br>**ANAKULAM, MUNNAR.**<br>***(DELETED)**<br>**EALYOUSEPH, D/O. MATHAI, AGED 50,**<br>**VAVALAM MAKKAL, POOVARANBI VILLAGE,**<br>**MEENACHIL TALUK.*(DELETED)**<br>**THRESIA OUSEPH, D/O. MATHAI, AGED 45,**<br>**KOTTARATHIL VEEDU, POOVARANI VILLAGE,**<br>**MEENACHIL P.O. *(DELETED)**<br>**MARIAM MUKUNDAN, D/O. MATHAI, 40 YEARS,**<br>**THONNAMKUZHIKKAL, GANDHINAGAR P.O., KOTTAYAM. *(DELETED)**<br>**OUSEPH MATHAI, S/O. MATHAI, 36 YEARS,**<br>**KAVUNGAL, NJANDUPARA P.O., POOVARANI,**<br>**MEENACHIL. *(DELETED)**<br>**ANNAMMA VARKEY, D/O. MATHAI, 34 YEARS,**<br>**ARADIMATTATHIL, VELLYAPPALLY P.O., PALAI. *(DELETED)**<br>**MARTHA OUSEPH, D/O. MATHAI, 30 YEARS, KOONANIKKAL,**<br>**KAVIKUNNU P.O. PALAI.**<br>**MATHAI MATHAI, S/O. MATHAI, 28 YEARS,**<br>**KAVUNGAL, NJANDUPARA P.O., POOVARANI.**<br>**LUZY KUNJARUKKAN, D/O. MATHAI,**<br>**22 YEARS, KUNNOLIVEEDU, PONTHANPUZHA P.O.,**<br>**MANIMALA. *(DELETED)**<br>**ADDL. RESPONDENTS 205 TO 214 ARE IMPLEADED AS LRS OF**<br>**DECEASED 99TH RESPONDENT AS PER ORDER DATED 23/08/1986**<br>**IN CMP.21503/1986.**<br>**ADDL. R215 TO R217 IMPLEADED**<br>**PANKAJAKSHI AMMA,**<br>**W/O. SANKARANARAYANA PANICKER, AGED 42 YEARS,**<br>**SANGARAMANGALATHU VEEDU, THEKKETHUKAVALA P.O.,**<br>**CHIRAKKADAVU, KANJIRAPPALLY *(DELETED)**| |---|---| **MSA.No. 1 of 1981** **216. SHAILAJA, D/O. SANKARANARAYANA PANICKER, AGED 22 YEARS, SANGARAMANGALATHU VEEDU, THEKKETHUKAVALA P.O., CHIRAKKADAVU, KANJIRAPPALLY. *(DELETED)** **217. SHAILENDRA KUMAR, S/O. DO., AGED 18, SANKARAMANGALATHU VEEDU. -DO-.** **ADDL. RESPONDENTS 215 TO 217 ARE IMPLEADED AS LRS OF DECEASED RESPONDENT 101 AS PER ORDER DATED 23/08/1986 IN CMP.21503/1986.** **ADDL. R218 TO R223 IMPLEADED** **218. K. BIJU, S/O. LATE KARTHIKEYAN, AJAY BHAVAN, KOTTANKARA, CHANDANATHOPPU, KOLLAM.** **219. K. ARUNDATHI, W/O. LATE KARTHIKEYAN, DO. DO.** **220. B. PONNAMMAL, W/O. LATE KUMARAN CHETTIAR, KANJICKAL VEEDU, ULIYAKOVIL, KOLLAM EAST VILLAGE, KOLLAM TALUK AND DISTRICT.** **221. B. SUJATHA, D/O. LATE KUMARAN CHETTIAR, DO. DO.** **222. B. USHAKUMARI, D/O. LATE KUMARAN CHETTIAR, DO. DO.** **223. K. SANTHOSH, S/O. LATE KUMARAN CHETTIAR, DO. DO.** **ADDL. RESPONDENTS 218 AND 219 ARE IMPLEADED AS THE LRS OF DECEASED R141 AND ADDL. R220 TO R223 ARE IMPLEADED AS PER ORDER DATED 19/08/2004 IN I.A. NOS.1577/2004 AND 1642/2004 RESPECTIVELY.** **ADDL. R224 & R225 IMPLEADED** **224. P.A. MUHAMMED ISMAIL, S/O. LATE ALIYAR KUNJU, PANAMTHUNDIL HOUSE, KANNANELLUR CHERI, THRIKOVIL VATTOM VILLAGE, KOLLAM TALUK AND DISTRICT.** **225. RAMLA BEEVI, W/O. P.A. MUHAMMED ISMAIL, DO. DO.** **ADDL. R224 AND R225 IMPLEADED AS PER ORDER DATED 22/09/2004 IN I.A. NO.1840/2004.** **ADDL. R226 TO R231 IMPLEADED** **226. JAMEELA BEEVI, D/O. PATHUMMA KUNJU, KUNNUPURATH VEEDU, CHANDANATHOPPU KARA, KOTTARAKKARA VILLAGE, KOLLAM.** **227. SUSEELA, D/O. BHASKARAN, VALALIL VEEDU, PULIYOOR VANCHI, VADAKKUKARA, KARUNAGAPILLY TALUK, KOLLAM DISTRICT.** **MSA.No. 1 of 1981** **228. LAKSHMIKUTTY, D/O. VASANTHA, PANAPADINJARETHIL, PULIYOOR VANCHI, VADAKKUMKARA, KARUNAGAPILLY VILLAGE, KOLLAM DISTRICT.** **229. SADAGI @ BHAGEERATHI, D/O. SREEDHARAN, PATTANI AYYAN VEEDU, KUREEPUZHA WARD, KOLLAM DISTRICT.** **230. RAMLATH BEEVI, D/O. BEEVIKUNJU, PARAKKALPADINJARE VEEDU, KAREEPUZHA WEST WARD, KOLLAM VILLAGE.** **231. SREEDHARAN, S/O. KRISHNAN, THANDASERITHARAYIL HOUSE, PULIYOOR VANCHI, VADAKKEKARA, KARUNAGAPPILLY VILLAGE, KOLLAM TALUK AND DISTRICT.** **ADDL. RESPONDENTS R226 TO R231 ARE IMPLEADED AS PER ORDER DATED 01/02/2005 IN I.A. NO.2290/2004.** **ADDL. R232 TO R237 IMPLEADED** **232. KULSAM BEEVI, W/O. M. ABDUL KAREEM, RAWTHER PARAMBU, KUREEPUZHA PADINJARE WARD, KOLLAM VILLAGE.** **233. RAHIANATH, D/O. LATE M. ABDUL KAREEM, DO. DO.** **234. NADEERA, D/O. LATE M. ABDUL KAREEM, DO. DO.** **235. NISAMUDEEN, S/O. LATE M. ABDUL KAREEM, DO. DO.** **236. ANEESA, D/O. LATE M. ABDUL KAREEM, DO. DO.** **237. NISSAR, S/O. LATE M. ABDUL KAREEM, DO. DO.** **ADDL. RESPONDENTS 232 TO 237 ARE IMPLEADED AS PER ORDER DATED 01/02/2005 IN I.A. NO.2291/2004.** **ADDL. R238 IMPLEADED** **LEGAL HEIR OF DECEASED R62 (WHO IS SEEN DELETED AS PER SUPREME COURT ORDER DATED 13/12/1999 IN I.A.1 TO 6).** **238. K. JAYA VARMA, S/O. LATE KERALA VARMA TAMPURAN, NEITHALLOOR, VIRAPPEANKOTTU, KOYIKKAL, EZHUMATTOR VILLAGE, MALLAPPILLY TALUK.** **ADDL. RESPONDENT R238 IMPLEADED BEING THE LEGAL HEIR OF DECEASED R62 AS PER ORDER DATED 05/12/2008 IN I.A.1461/2007, I.A.1462/2007 AND CMA.492/2007.** **MSA.No. 1 of 1981** ## **ADDL. R239 TO R243 IMPLEADED** **LEGAL HEIR OF DECEASED R83 (WHO IS SEEN DELETED AS PER SUPREME COURT ORDER DATED 13/12/1999 IN I.A.1 TO 6).** |**239.**<br>**240.**<br>**241.**<br>**242.**<br>**243.**<br>**244.**<br>**245.**<br>**246.**<br>**247.**<br>**248.**<br>**249.**|**MARY, D/O. ANNAKUTTY CHERIAN & W/O. THOMAS,**<br>**NEDUMATTUMKARA VEEDU, NEDUMPOYIL P.O.,**<br>**CHITTARIPARAMBA (VIA). *(DELETED)**<br>**ALICE, W/O. KUTTICHAN, MULAKKAL VEEDU,**<br>**NEAR KANICHAR CHURCH, P.O. KANICHAR,**<br>**(VIA) PERAVOOR.**<br>***(DELETED)**<br>**LILLY, W/O. THOMAS, MANNICHIRA VEEDU,**<br>**NEENDU NOKY P.O., KOTTIYOOR.*(DELETED)**<br>**JOHNY, S/O. CHERIAN,**<br>**VAZHACHARIKKAL VEEDU, KOLAYAD PUTHALAM,**<br>**KOLAYAD, KANNUR. *(DELETED)**<br>**THOMAS, VAZHACHARIKKAL VEEDU,**<br>**PUTHALAM P.O., KOLAYAD (VIA),**<br>**CHAITTARIPARAMBA.**<br>***(DELETED)**<br>**ADDL. RESPONDENT R239 TO R243 IMPLEADED BEING THE LEG**<br>**HEIRS OF DECEASED R83 AS PER ORDER DATED 05/12/2008 I**<br>**IA.1512/2007, IA.1513/2007 & CM. APP.507/2007.**<br>**ADDL. R244 TO R247 IMPLEADED**<br>**NIRMALA, W/O. JAMES, PARIPPIL,**<br>**EATTATHITTATHIL, POOVARATTY P.O.**<br>**VEENA, D/O. JAMES, PARIPPIL,**<br>**EATTATHITTATHIL, POOVARATTY P.O.**<br>**NIMMI, D/O. JAMES, PARIPPIL,**<br>**EATTATHITTATHIL, POOVARATTY P.O.**<br>**VINAYA, D/O. JAMES, PARIPPIL,**<br>**EATTATHITTATHIL, POOVARATTY P.O.**<br>**ADDL. RESPONDENT R244 TO R247 IMPLEADED BEING LRS OF**<br>**OF DECEASED R85 AS PER ORDER DATED 05/12/2008 IN**<br>**IA. NO.1528/2007, IA.1529/2007 AND CMA.513/2007.**<br>**ADDL. R248 TO R251 IMPLEADED**<br>**ADV.K.F. JOSEPH, S/O. FRANCIS,**<br>**KAYATHUKARA VEEDU, PORKALAM,**<br>**KOOTHUPARAMBA POST, KOOTHUPARAMBA.**<br>**THOMAS K.F., S/O. FRANCIS,**<br>**KAYATHUKARA VEEDU, PORKALAM,**<br>**KOOTHUPARAMBA POST, KOOTHUPARAMBA.**| |---|---| **ADDL. RESPONDENT R239 TO R243 IMPLEADED BEING THE LEGAL HEIRS OF DECEASED R83 AS PER ORDER DATED 05/12/2008 IN IA.1512/2007, IA.1513/2007 & CM. APP.507/2007.** **MSA.No. 1 of 1981** **250. MERCY, D/O. FRANCIS & W/O. JOHNY, PULIYAMCKAL VEEDU, MEENACHUVADI, KOLAYAD.** **251. MARIAKUTTY FRANCIS, W/O. FRANCIS, KAYATHUKARA VEEDU, VEKKULAM AMSAM, VAYATHUR DESAM, ALANCHERRY POST, THALASSERY TALUK.** **ADDL. RESPONDENT R248 TO R251 IMPLEADED BEING LRS OF OF DECEASED R134 AS PER ORDER DATED 05/12/2008 IN IA. NO.1520/2007, IA.1521/2007 AND CMA.509/2007.** **ADDL. R252 TO R254 IMPLEADED** **252. O. VASANTHI, W/O. K. SARASAN, D/O. PUTHENVEETIL KRISHNAN, NEDIARATHIYATH HOUSE, KAVANAD P.O., NOW RESIDING AT THANIKKAL HOUSE, KAVANAD VILLAGE AND DESOM, MEENATHUCHERI, KOLLAM TALUK AND DISTRICT, PIN-691 003.** **253. K. SARASAN, S/O. KESAVAN, NEDIARATHIYATH HOUSE, KAVANAD P.O., NOW RESIDING AT THANIKKAL HOUSE, KAVANAD VILLAGE AND DESOM, MEENATHUCHERI, KOLLAM TALUK AND DISTRICT, PIN-691 003.** **254. P. SIVARAJAN, S/O. PASUPALAN, 'USHUS', THRIKKOVILVATTOM VILLAGE, VETTILATHAZHATHUCHERI P.O., DECENT JUNCTION, METHALA, KOLLAM DISTRICT-691 577. ADDL. R252 TO R254 ARE IMPLEADED AS PER ORDER DATED 01/07/2009 IN IA.1230/2007. ADDL. R255 TO R258 IMPLEADED** **255. K. DHARMARAJAN, S/O. LATE KUTTAN, ARTIST, PODUVAL HOUSE, DECENT JUNCTION, PIN-691 577, KOLLAM TALUK AND DISTRICT.** **256. N. NIRMALA, D/O. LATE KUTTAN, W/O. MAHADEVAN, DO. DO.** **257. N. SUDARMA, D/O. LATE KUTTAN, W/O. SUKUMARAN, SUDHISH BHAVAN, KANATHARKUNNAM, KARALI JUNCTION POST-690 543, SHASTHANKOTA, KOLLAM.** **258. K. SUDHINA, D/O. LATE KUTTAN, W/O. MOHANAN, AMBADI VEEDU, MUKATHALA, DECENT JUNCTION POST-691 577, KOLLAM TALUK AND DISTRICT.** **ADDL. RESPONDENTS R255 TO R258 ARE ADDED AS PER ORDER DATED 01/07/2009 IN IA.1231/2007.** **MSA.No. 1 of 1981** ## **ADDL. R259 TO R261 IMPLEADED** **259. P. PRABHAKARAN, KUMARANPARAMBIL, MANGATTUVILA MURI, PALLIPPADU PAKUTHI, KARTHIKAPPALI TALUK.** **260. P. PURUSHOTHAMAN, KUMARANPARAMBIL, MANGATTUVILA MURI, PALLIPPADU PAKUTHI, KARTHIKAPPALI TALUK.** **261. LALITHAMANI AMMA. B., THIRUMANGALATHU HOUSE, THAMATTACKAL SOUTH P.O., ALLEPPEY DISTRICT.** **ADDL. RESPONDENTS 259 TO 261 ARE IMPLEADED AS PER ORDER DATED 1/07/2009 IN I.A.1255/2005.** **ADDL. R262 TO R274 IMPLEADED** **262. THRESIAMMA JOSEPH, PARIPPIL ETTATHOTU, POOVARANI P.O., KOTTAYAM DISTRICT, KERALA STATE. *(DIED)(LEGAL HEIRS RECORDED)** **263. CHERIAN JOSEPH, PARIPPIL ETTATHOTTU, JOSEGIRI P.O., CANNANOTE DISTRICT, KERALA STATE.** **264. MARIYAMMA CHANDY, MANJA KUNNAL, SOUDHI NAGAR P.O., CALICUT DISTRICT, KERALA STATE.** **265. JOSEPH JOSEPH, PARIPPIL ETTATHOTU, POOVARANI P.O., KOTTAYAM DISTRICT, KERALA STATE** **266. CYRIAC JOSEPH, -DO- -DO-. 267. JAMES JOSEPH, -DO -DO-. 268. ANIYAMMA JOSEPH, PARIPPIL ETTATHOTU, KARIKATTUR P.O., KOTTAYAM DISTRICT, KERALA STATE.** **269. THOMAS JOSEPH, PARIPPIL ETTATHOTU, POOVARANI P.O., KOTTAYAM DISTRICT, KERALA STATE.** **270. GEORGE JOSEPH, -DO -DO-. 271. ALEYAMMA JOSEPH, -DO -DO-. 272. JOHN JOSEPH, -DO -DO-. 273. CALIN JOSEPH, -DO -DO-.-DO -DO-.** **MSA.No. 1 of 1981** **274. FRANCIS JOSEPH, -DO -DO-.** **LEGAL HEIRS OF DECEASED R1 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 262 TO 274 AS PER ORDER DATED 27/01/2015 IN I.A.1906/2004.** **RESPONDENTS 143 TO 145, 205 TO 217 & 239 TO 243 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 01/09/2015 IN IA.2200/2015.** **MEMO BEARING CF.7474/15 DATED 10/12/2015 STATING, RESPONDENTS NO.263 TO 274 WHO ARE ALREADY IN THE PARTY ARRAY AS THE LEGAL HEIRS OF THE DECEASED RESPONDENT NO.262 IS RECORDED AS PER THE ORDER DATED 18/12/2015.** **ADDL. R275 TO R279 IMPLEADED** **275. CHANDRAKUMARI, W/O. PAPPAN, MUTHAMUMPADAVU, KUDAVACHOOR P.O., VAIKKAM.** **276. SUJATHA, W/O. BHASKARAN, SUBIN NIVAS, CHERTHALA P.O., CHERTHALA-688 524.** **277. UDHAYA GIRI, S/O. KUNJAN, PADAYAKKULAM NIKARTHIL, CHERTHALA P.O., CHERTHALA-688 524.** **278. UMASAKTHI, W/O. THANKACHAN, KOKOTHAMANGALAM, CHERTHALA P.O., CHERTHALA-688 524.** **279. VEERABHADRAN, S/O. KUNJAN, PADAYAKKULAM NIKARTHIL, CHERTHALA P.O., CHERTHALA-688 524.** **LEGAL HEIRS OF DECEASED RESPONDENT NO.262 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 275 TO 279 AS PER ORDER DATED 14/03/2016 IN I.A.3251/2015.** **ADDL. R280 IMPLEADED** **280. K. GANGADHARAN, S/O. KESAVAN, RESIDING AT 'LEKSHMI NIVAS' FROM PULIMOOTTU VEEDU, KILIKOLLOOR, KOLLAM DISTRICT.** **ADDITIONAL RESPONDENT NO.280 IS IMPLEADED AS PER ORDER DATED 17/05/2016 IN I.A. NO.1147/2012.** **ADDL. R281 TO R283 IMPLEADED** **281. SANTHOSH P.K., S/O. KAMALASANAN (LATE), AGED 46 YEARS, PUTHIYAMADOM NIKARTHIL, KOKKOTHAMANGALAM P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 524.** **MSA.No. 1 of 1981** **282. BINDU V., D/O. KAMALASANAN (LATE), AGED 42 YEARS, KOLOTH HOUSE, KURUPPANKULANGARA P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 539.** **283. SINDHU P.V., D/O. KAMALASANAN (LATE), AGED 40 YEARS, AMBALATHARA, KAVALANGODAN P.O., CHERTHALA, ALAPPUZHA DISTRICT.** **THE LEGAL HEIRS OF DECEASED RESPONDENT NO.165 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 281 TO 283 AS PER ORDER DATED 20/06/2016 IN I.A. NO.1066/2016.** **R3 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. R5, R8 & R265 BY ADVS. SRI.G.D.PANICKER,** **SMT.JEENA JOSEPH. R7,R9 & R12 BY SRI.S.SREEKUMAR, SENIOR ADVOCATE. ADV. SRI.JOSHY JAMES. ADDL.R12 SRI.N.DHARMADAN, SENIOR ADVOCATE. ADV. SMT.D.P.RENU. R14 BY SRI.S.V. BALAKRISHNA IYER, SENIOR ADVOCATE. ADVS. SRI.SABU GEORGE, SMT.LEENA KRISHNAN. R40 BY ADVS. SRI.S.K.PREMJITH MENON, SRI.N.SAJAN ANTONY, SMT.REKHA.R, SRI.MANEKSHA.D. ADDL. R265 BY ADV. SRI.JOSE ABRAHAM. ADDL. R267 TO R270 BY ADVS. SRI.M.NARENDRA KUMAR, SRI.PRATHAP PILLAI, SRI.RAJAN VELLOTH, SRI.SAIJO HASSAN, SRI.SEBIN THOMAS. R281 BY ADV. SRI.K.P.MUJEEB. R284 TO R297 BY ADVS. SRI.P.A.MOHAMMED SHAH, SRI.SOORAJ T.ELENJICKAL, SRI.K.ARJUN VENUGOPAL, SMT.MARY RESHMA GEORGE, SMT.V.A.HARITHA, SMT.SANDHYA R.NAIR, SMT.P.M.MAZNA MANSOOR.** **R275 TO R279 BY ADV. SMT.MEENA.A. ADDL. R267 TO 270 BY ADV. SRI.RAFEEK. V.K. BY ADV. SRI.K.ABDUL HAKEEM BY ADV. SRI.SABU GEORGE. BY ADV. SRI.P.B.KRISHNAN. R7, R9 & R12 BY ADVS. SRI.JOSHY JAMES, SRI.MANUEL KACHIRAMATTAM. R159 BY ADV. SRI.T.P.VARGHESE. BY ADV. SRI.K.C.JOHN. BY ADV. SRI.GEORGE VARGHESE. R80, R81, R84, R85, R87 BY ADV. SRI.P.GOPALAKRISHNAN NAIR. R163 & R164 BY ADVS. SRI.RAJU ABRAHAM, SRI.JACOB MURICKAN. BY ADV. SRI.MATHAI THOMAS. R135 BY ADV. SRI.K.SANKARANARAYANA PILLAI.** **MSA.No. 1 of 1981** **BY ADV. SRI.C.S.ANANTHAKRISHNA IYER. BY ADV. SRI.N.SUBRAMONI. BY ADV. SRI.M.MATHAI. BY ADV. SRI.K.G.BHASKARAN. BY ADV. SRI.RAJU ABRAHAM. ADDL. R6 & R34 BY ADV. SRI.K.K.JOHN. BY ADV. SRI.N.SUBRAMANIAM. BY ADV. SRI.T.S.RAJAN. R264 BY SRI.P.B. KRISHNAN, SENIOR ADVOCATE. ADV. MANUEL KACHIRAMATTOM. R137, R138, R202, R218 TO R223,} R226 TO R237, R252 TO R258 }BY ADVS. SRI.N. SUBRAMANIAM. SRI.M.S. NARAYANAN. R268 BY ADVS. SRI.G.D. PANICKER, SMT.JEENA JOSEPH, SRI.MANUEL KACHIRAMATTOM, SRI.JOSHY JAMES & SRI.P.B. KRISHNAN. R250 BY ADV. SRI.JOSE ABRAHAM. R259 & R260 BY SRI.VINOY VARGHESE KALLUMOOTTIL. R271 BY ADVS. SRI.P.B. KRISHNAN SRI.MANUEL KANCHIRAMATTOM. R272 BY ADVS. SRI.S.K. PREMJITH MENON, SRI.SAJAN ANTONY. N. SMT.REKHA R., SRI.MANEKSHA D. R273 BY ADVS. SRI.MANUEL KACHIRAMATTOM, SRI.JOSHY JAMES SRI.P.B. KRISHNAN. R274 BY SRI.S.V. BALAKRISHNA IYER, SENIOR ADVOCATE. ADV. SRI.P.B. KRISHNAN, SRI.SABU GEORGE. SMT.LEENA KRISHNAN. R282 & R283 BY ADVS. SRI.T.S. RAJAN, SRI.K. ABDUL HAKEEM. R31 BY ADVS. SRI.GEORGE VARGHESE, SRI.MATHAI THOMAS. R34 BY ADV. SRI.JOSHY JAMES. R162 TO R165 ADVS. SRI.JACOB MURICAN, SRI.RAJU ABRAHAM. R251 TO R253 BY ADV. SRI.VINOY VARGHESE.** **THIS MISC. SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **rs.** “C.R.” # **V. CHITAMBARESH** & **SATHISH NINAN, JJ** . = = = = = = = = = = = = = = = = = = ## **M.S.A. No.1 of 1981** = = = = = = = = = = = = = = = = = = Dated this the 10[th] day of January, 2018 J U D G M E N T ## **SATHISH NINAN, J** . Assailing the judgment of the District Court, Ernakulam declaring that the proposed notified lands are not liable to be declared as reserve forest, the State is in appeal. 2. The proceedings have a chequered history of more than a century!!!. Three notifications were issued under the Travancore Forest Act (Act II) of 1068 (for short, “the 1068 Act”) proposing to declare the notified areas, which lie contiguous, as reserve forest. The notifications related to the proposed Alapra, Valiyakavu and Karikattoor reserves. The relevant dates of the notifications under the 1068 Act are as follows: “A.Alapra Section 4 - 08.12.1908 Section 6 - 18.02.1908 M.S.A. No.1 of 1981 -: 2 :- B.Valiyakavu Section 4 - 2.01.1906 Section 6- 25.11.1959 C.Karikkattoor Section 6 - 20.07.1904 Section 18 - 24.05.1917” It is to be noticed that questions regarding the proposed Karikattoor reserve does not survive for consideration since the same attained finality long back. The same shall be adverted to in the course of the judgment. Suffice to say that in this appeal we are concerned only with the proposed Alapra and Valiyakavu reserves. 3. Pursuant to the notifications, claims were raised challenging the right of the Government to notify the said areas as reserved forest. The challenge was on the ground that the land does not fall within the category of lands specified under the Forest Act, which alone are liable to be notified as reserved forest. Originally the claims were rejected by the Forest Settlement Officer as barred by limitation. In appeal A.S. No.333 of 1955, the District Court, Kottayam, held that the M.S.A. No.1 of 1981 -: 3 :- claims are not barred by limitation and set aside the order of the Forest Settlement Officer. The matter was remanded to the Forest Settlement Officer directing consideration of the claims on merits. The said order was affirmed by this Court in the judgment in C.M.A. Nos.118 to 122 of 1957. 4. Pursuant to the order of remand, the claims were considered and dismissed by the Forest Settlement Officer on merits. The claimants went in appeal before the District Court in A.S. Nos.159 of 1976 and 179 of 1976. The learned District Judge allowed the appeals and declared that the lands are not liable to be notified as reserve forest. The State preferred appeal before this Court as M.S.A. No.1 of 1981. This Court as per judgment dated 18.03.1991, allowed the appeal and set aside the order of the Forest Settlement Officer, thereby rejecting the claims. The matter was taken up before the Apex Court in Civil Appeal No.2659 of 1997. The Apex Court as per order dated 25.11.2003 set aside the judgment and remanded the matter to M.S.A. No.1 of 1981 -: 4 :- ## this Court, for consideration afresh. The Apex Court held thus: “Yet another submission made before us is that the scope of powers under Section 12A of the Kerala Forest Act is not so wide so as to hold _de novo_ inquiry into the whole matter as has been done by the High Court. In that connection, our attention has been drawn to paragraph 16 of the judgment wherein it has been observed that it required a de novo inquiry into the findings. The submission is that the scope of inquiry is limited and is confined to the question of law. In that connection some decisions have also been referred to that the jurisdiction u/s 12A of the Act is akin to Section 100 C.P.C. We feel that since the matter is fit to be remanded for fresh decision this question as raised may also be better canvassed before the High Court for its consideration. In view of the discussion held above, we allow the appeals and set aside the order passed by the High Court and remand the case to the High Court for consideration afresh and for fresh order in accordance with the law. The High Court shall, however, not be influenced by any observations made by us in this judgment and shall be free to arrive at its own conclusion on merits of the case”. Thus the matter is at large before us. 5. The Apex Court directed this Court to consider whether the jurisdiction in an appeal M.S.A. No.1 of 1981 -: 5 :- under Section 12A of the Kerala Forest Act, 1961 is confined to adjudication on substantial questions of law or whether it extends to reappraisal of both law and facts. However, subsequent to that order, the Apex Court in James Joseph v. State of Kerala ([2010] 9 SCC 642) held that an Appeal before the High Court under Section 12A(1) of the 1961 Act, though a Second Appeal, is available to be urged both on questions of facts and law. In short, the claims need to be decided both on questions of facts and law. 6. Heard learned Sri M.P. Prakash learned Senior Government Pleader for the appellant State and the counsel for the respondents/claimants including learned Senior Counsel Sri S. Sreekumar. 7. As noticed supra, the proceedings commenced under the 1068 Act. On Passage of time, the same was replaced by the successor Act, viz., The Travancore-Cochin Forest Act, 1951 (for short, “the 1951 Act”) which was again replaced by the Kerala Forest Act, 1961 (for short, “the 1961 M.S.A. No.1 of 1981 -: 6 :- ## Act”). Section 101 of the Travancore Forest Act, 1068 reads thus: “101. Repeal.- (1) The Travancore Forest Act of 1068 (Act II of 1068) as subsequently amended and the Cochin Forest Act (Act III of 1080) as subsequently amended are hereby repealed. (2) All references made in any enactment to the enactments hereby repealed shall be read as if made to the corresponding provisions of this Act. (3) All rules prescribed, appointments made, powers conferred and orders issued under the enactments hereby repealed shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred and issued hereunder.” The successor act, viz., the Kerala Forest Act, 1961 also contains a similar provision incorporated in Section 85 therein. It reads thus: “85. Repeal.- (1) The Travancore-Cochin Forest Act, 1951 ( III of 1952) and the Madras Forest Act, 1882 (V of 1882) and the Madras Wild Elephants Preservation Act, 1873 (Act I of 1873) as in force in the Malabar District referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956 are hereby repealed. M.S.A. No.1 of 1981 -: 7 :- (2) All references made in any enactment to any provision of the enactments hereby repealed shall be read as if made to the corresponding provisions of this Act. (3) All rules prescribed, appointments made, powers conferred and orders issued under the enactments hereby repealed shall be deemed to have been respectively prescribed, made, conferred and issued hereunder will new rules and enactments are made under the various sections of this Act.” As is evident therefrom, the proceedings under the predecessor Act shall remain valid and shall be deemed to have been issued or commenced under the present Act. The Apex Court in State of Kerala v. Kannan Devan Hill Produce Co. Ltd. ([1991] 2 SCC 272) held that the rules framed under the repealed 1951 Act is saved under Section 85(3) of the 1961 Act. There could not be any challenge, and is not urged, that the proceedings commenced under the 1068 Act would continue and survive under the 1961 Act. 8. Pertinently, the provisions in the earlier and the present Acts are substantially analogous M.S.A. No.1 of 1981 -: 8 :- and therefore it would be sufficient if we refer to the relevant provisions of the 1961 Act. The most relevant provisions for the consideration of this appeal would be sections 3, 4, 6, 8 and 2(d) of the 1961 Act. For the sake of convenience they are extracted hereunder. “3. Power to reserve forests.- The Government may constitute any land at the disposal of the Government a Reserved Forest in the manner hereinafter provided. 4. Notification by Government.- Whenever it is proposed to constitute any land a Reserved Forest, the Government shall publish a notification in the Gazette- (a) specifying as nearly as possible, the situation and limits of such land; (b) declaring that it is proposed to constitute such land a Reserved Forest; and (c) appointing an officer (hereinafter called the Forest Settlement Officer) to inquire into and determine the existence, nature and extent of any rights claimed, by or alleged to exist in favour of any person in or over any land comprised within such limits, or to any forest produce of such land to deal with the same as M.S.A. No.1 of 1981 -: 9 :- provided in this Act. 6. Proclamation by Forest Settlement Officer.- (1) When a notification has been issued under Section 4, the Forest Settlement Officer shall publish in the Gazette and at the headquarters of each Taluk in which any portion of the land included in such notification is situate, and in every town, village and headquarters of Panchayats in the neighbourhood of such land a proclamation- (a) specifying, as nearly as possible, the situation and limits of the land proposed to be included within the Reserved Forest, (b) setting forth the substance of the provisions of Section 7, (c ) explaining the consequences which as hereinafter provided will ensure on the reservation of such forest, and (d) fixing a period not less than three and not exceeding six months from the date of publishing such proclamation in the gazette, and requiring every person claiming any right referred to in Section 4 either to present to such Officer, within such period, a written statement specifying or to appear before him within such period and state, the nature of such right and in either case, to produce, all documents and other evidence in support thereof. M.S.A. No.1 of 1981 -: 10 :- (2) The Forest Settlement Officer shall also serve a notice to the same effect on every known or reputed owner or occupier of any and included in or adjoining the land proposed to be constituted a Reserved Forest, or on his recognized agent or manager. 8. inquiry by Forest Settlement Officer.- (1) The Forest Settlement Officer shall inquire into all claims made under Section 6 recording all statements and the evidence in the manner prescribed by the Code of Civil Procedure for appealable cases. (2) He shall, at the same time, consider and record any objection which the Forest Officer, if any appointed under Section 4 to attend at the inquiry on behalf of the Government, may make to any such claim. (3) He may also inquire into and record the existence of any rights referred to in Section 4 and not claimed in answer to the notice issued under Section 6, so far as they are ascertainable from the records of the Government and the evidence of any person likely to be acquainted with the same. 2. In this Act, and in all rules made thereunder, unless the context otherwise requires.- ....... (g) “land at the disposal of the Government” includes all unoccupied land, all temporarily occupied land M.S.A. No.1 of 1981 -: 11 :- and all land occupied without permission, whether assessed or unassessed; but does not include land, the properties of land holders such as Jenmies, Devaswoms, or holders of Inam lands; also all holdings of land in any way subject to the payment of land revenue direct to Government and all other registered holdings of land in proprietary right.” 9. As is evident from the said provisions, to sustain a notification constituting a land as reserve forest, the land must fall within the definition of “land at the disposal of the Government” as defined under Section 2(g) above. Therefore, essentially the question for determination in this appeal is as to, whether the lands in question are, "lands at the disposal of the Government". We are faced with contrary findings by the Forest Settlement Officer and of the District Court. 10. The claimants are the members of one Neythallur Koikal, or are persons claiming title under them on assignment. It is the case that the Neythallur Koikal were members of a Kshethric Caste M.S.A. No.1 of 1981 -: 12 :- and that they rendered services to the Maharajah of Travancore during war. The Maharajah, in consideration of the services rendered, gave the properties in question to the Neythallur Koikal under Royal Grants (Neets) issued to them. Therefore, according to the claimants, by virtue of the Royal Grants (Neets) issued by the Maharajah of Travancore, the lands in question constitute their thanathu (Jenmom) lands and hence are not liable to be notified as reserve forest. The State disputes the alleged issuance of the Neets by the Maharajah. The genuineness of the Neets produced by the claimants are under challenge. Before the Forest Settlement Officer and the District Court, the deliberations were essentially with regard to the genuineness of the Neets. 11. As noticed, the claim for title by all the claimants are common, that is under Exts P131 Neet of 928, Ext P1 Neet of 942 and Ext P2 Neet of 948 stated to have been granted to the Neythallur Koikal by His Highness The Maharajah of Travancore. M.S.A. No.1 of 1981 -: 13 :- 12. Mainly two issues crop up for consideration. Firstly, regarding the genuineness of Exts P131, P1 and P12 Neets and secondly, regarding the identity of the properties covered by the Neets. 13. It is to be noticed that the Neets relied on being of ancient origin, of more than 100 years back, direct evidence to prove the genuineness of the said documents would not be available. Search for direct evidence to resolve the issue would be an exercise in futility. The issue needs to be resolved based on the circumstantial evidence available before the court. 14. Now, let us traverse on to the Royal Grants (Neets), three in number, marked as Exts P131, P1 and P2. The basic grant is Ext P131 Neet of 928. This was followed by Ext P1 Neet of 942 and Ext P2 Neet of 948. Exhibit P131 Neet of 928 was not produced before the Forest Settlement Officer. The main argument before the said authority was footed on the absence of production M.S.A. No.1 of 1981 -: 14 :- of the said document which is the basic title. It was projected as a pointer towards the lack of genuineness of the Neets. However, the Forest Settlement Officer had noticed that the original of Ext P131 Neet of 928 was produced in court but was later got returned. Though it was the original Neet of 928 that was produced and got returned in the course of the proceeding before the Forest Settlement Officer, a certified copy of the said Neet of 928 was produced before the District Court and marked Ext P131. It is the case of the claimants that the said Neet of 928 had to be produced in O.S. No.160 of 1970 before the Sub Court Padmanabhapuram. It was contended that the said proceedings went upto the Apex Court. A certified copy of the judgment in the said suit was produced before the District Court and was marked as Ext P132. In the said suit the genuineness of Ext P131 Neet of 928 was in issue and the same was upheld, is the contention. It is submitted that the said judgment has since been affirmed by the High M.S.A. No.1 of 1981 -: 15 :- Court of Madras as well as the Apex Court. Concededly, the State is not a party to the said suit. Therefore the finding therein regarding the genuineness of the Neet cannot be made the basis for decision in this proceeding. 15. While delving into the question regarding genuineness of Ext P131, P1 and P2 Neets, it would be relevant to refer to the nature of the properties in respect of which the claims are raised. The properties are stated to be "cherikal lands". As to what is a cherikal land has been explained in the Travancore Land Revenue Manual, as follows: “48. The cherikal lands were unregistered dry lands in hilly tracts in certain taluks of the Quilon and Kottayam Division in recurring periods of years and on which the tax was being either levied or was leviable by the Government during the years of actual cultivation. The assessment was known as _malavaram_ or _vilameladi,_ according to the cultivation raised was paddy or other crop. The assessment used to be fixed, after local inspection, at a certain proportion of the produce, and used to be levied, either kin kind or in money, at the current market rate in the case of the paddy tax, and in money at certain pathiva M.S.A. No.1 of 1981 -: 16 :- or fixed rate in the case of any other crop. In some places, besides the _malavaram_ tax, an extra cess called paranellu and katta was also levied on all Sirkar or pandaravaga cherikals”. 16. Exhibit P131 Neet of 928 is a certified copy. The original of the said Neet is claimed to be in copper plate. The genuineness of the said document is challenged by the State on various grounds. One of the contentions is that during the said period usage of copper plate was not in vogue. To substantiate the said contention it is submitted that His Highness The Marthandavarma Maharajah of Travancore had dedicated the entire kingdom to Sree Padmanabha Swami by a document which is on cadjan leaves. There could not be a more important document than that. When the said dedication, known as “Trippadidanam”, was only on cadjan leaves, the claim that a mere Neet alleged to have been issued for services rendered to the Maharajah was issued on copper plate, cannot be believed, is the contention. It is also contended that the writings M.S.A. No.1 of 1981 -: 17 :- on the Neet is stated to be 'Vattezhuth' which was not prevalent during that time. As regards Exts P1 and P2 Neets of the years 942 and 948 ME, it is contended that the originals are not produced, that they are not genuine and cannot be relied upon. Exhibits P1 and P2 Neets are certified copies. The trump cards of the claimants to prove the genuineness of Exts P131, P1 and P2 Neets are Exts P3, P102 and P121 documents. The genuineness of these documents are also disputed by the State. 17. Looking into the rights granted under the Neets, firstly we will refer to the basic grant, viz., Ext P131 Neet of the year 928ME. It recites that in consideration of the services rendered to the Maharajah during the time of war, the properties referred to therein, stated to be cherikals, are given to the grantee, viz., Neythallur Koikal. The liability to pay tax was maintained. The concluding portion of the grant makes it clear that all rights over the property including the rights of alienation have been given M.S.A. No.1 of 1981 -: 18 :- thereunder to the grantee. As noticed, absolute right over the properties dealt with therein have been given to the grantee, subject to the liability to pay tax. We are not referring to the details regarding the properties included therein since the issue of identity of the properties are being considered under another head in the course of this judgment. 18. Coming to Ext P1 Neet of the year 942ME, the Forest Settlement Officer, after discussions has held Ext P1 and P2 Neets to be genuine. Under Ext P1 Neet, remission is granted to the Koikal in respect of the tax payable, thus taking away the liability to pay tax. Exhibit P1 Neet indicates that the properties have already been granted in favour of Neythallur Koikal, though it does not specifically refer to Ext P121 Neet of the year 928ME. Coming to Ext P2 Neet of the year 948, the recitals therein reveal that the same was issued consequent on a complaint made by the Koikal as against the action of the officers in violation of M.S.A. No.1 of 1981 -: 19 :- the rights granted to the Koikal under the earlier Neets. The rights of the Koikal was reiterated therein. This carries forward a long way in affirming the title of the Koikal under the Neets. 19. Now we shall deal with the supporting evidence relied on by the claimants to prove the genuineness of the Neets, their title and also the identity of the properties. Exhibits P3 and P4 are Ozhukus of the year 1025. “Ozhuku” refers to identification of the boundaries of a property. The copy of the Ozhukus, Exhibits P3 and P4, are issued from the Central Vernacular records. It bears the seal of the office of issue. They are signed by the clerk who prepared it, the officer who compared it and the Record Keeper of the Huzoor Central Vernacular records. The genuineness of Exts P3 and P4 Ozhukus were challenged by the State producing the issue register kept in the Vernacular records during the relevant period; the said register did not contain entries relating to issuance of Ext P3 and P4 copies of the Ozhukus. However, the mere M.S.A. No.1 of 1981 -: 20 :- omission of such an entry in the record would not, on the face of the other available materials, drive us to a conclusion that Exts P3 and P4 are fabricated documents. The genuineness of the said documents is corroborated by other documents which are being referred to during the course of discussion. Even the Forest Settlement Officer, who rejected the claims, has upheld the genuineness of Exts P3 and P4 Ozhukus. The Forest Settlement Officer has, on an elaborate consideration, held Exts P3 and P4 Ozhukus to be genuine. The Forest Settlement Officer in paragraph 19 of the judgment has noticed that though Exts P3 and P4 are only copies of copies, the first copy has been produced in the connected cases. Exhibits P3 and P4 Ozhukus purport to identify the properties covered under the Neets. The said Ozhukus refer to Exts P131, P1 and P2 Neets. Though the State would contend that the said documents are not genuine, these are copies of the documents issued from the office of the Vernacular Records. The reference to the Neets, M.S.A. No.1 of 1981 -: 21 :- as stated above, in Exts P3 and P4 Ozhukus, goes a long way in proving the genuineness of the Neets and the title of the Neythallur Koikal over the properties covered under the Neets. It is pertinent to note that the Ozhukus describe the properties thereunder to be the 'thanathu' property of the Koikal by virtue of the Neets. **20.** Yet another important piece of evidence that throws light on the issue regarding the genuineness of the Neets and the title to the properties thereunder is Ext P102 document dated 23.02.1073ME. It is an order passed by the Dewan Peishcar. Before probing into the contents of the document, it needs to be mentioned that, it is a certified copy of the document. The Forest Settlement Officer has after detailed discussions concluded that Ext P102 order is genuine. It would be relevant to refer to the background in which Ext P102 order was passed by the Dewan. The Koikal was holding large extent of properties. There was lack of proper management. The then senior-most member M.S.A. No.1 of 1981 -: 22 :- of the Koikal, requested the Maharajah to take over management of the properties. The Maharajah agreed for the same and Ext P9 agreement dated 05.10.1072 ME was entered into by the Koikal with the State. A manager was appointed. For the purpose of taking over the management, instructions were given by the State to verify regarding the details of the assets, viz., the lands owned by the Koikal and which are being taken over pursuant to the arrangement. It is pursuant thereto that Ext P102 order was issued by the Dewan Peishcar. Exhibit P102 order refers to Ext P9 agreement. It also refers to Exts P131, P1 and P2 Neets in favour of the Koikal. It further asserts that the Koikal has title over the properties dealt with thereunder and affirms that the properties are being taken over by the Government to administer the same in terms of Ext P9 agreement. Therefore, Ext P102 reinforces the genuineness of the Neets and also the title of Koikal over the properties dealt with therein. 21. In connection with the management of the M.S.A. No.1 of 1981 -: 23 :- properties, Exhibits P14, 15, 16, 20, 21, 22, 23 and 99 'Kanapattoms' were executed by the Manager. Exhibit P18 is an agreement, renewing the term of Managership. The said documents corroborate the genuineness of Ext P102 order. 22. Another document relied on by the claimants to assert their title is Ext P121 order. The said order was issued by Shri V.Nagam Aiya, who is, going by historical records, a well respected and held to be a very responsible Officer of the State. He was appointed as a clerk in Dewan's Huzzoor English Office. In 1872 he was appointed as Tahsildar and later promoted as the Dewan Peishcar. In recognition of his meritorious service to the State and people he was awarded the title of Dewan Bahadur by the Government in January, 1910. The very genuineness of the said document, Ext P121, is challenged by the State. If the genuineness of Ext P121 is found, then the correctness of the contents could very well be assumed in view of the credibility of the author of M.S.A. No.1 of 1981 -: 24 :- the same namely, Sri V.Nagam Aiya. The Forest Settlement Officer has noticed that the sheets of papers on which Ext P121 has been issued are special type of papers used exclusively by the Government for Governmental purposes in those days. The papers are embossed with the seal of the Government. The State emblem and the inscription, "Government of Travancore" are seen. It was further noticed that all the sheets bear the Seal of the Travancore Settlement Office. It was further noticed that on comparison of the seals and signatures on Ext P121 with those on the undisputed documents, Exts P11, P12 and P84, the same appear to be genuine. It was further noticed that Ext P121 contains the official file number and date. As stated by the Forest Settlement Officer if Ext P121 is a fabricated document the State could very well produce the file containing the number as seen on Ext P121 and could have proved that Ext P121 is not genuine. That has not been attempted to. 23. The genuineness of Ext P121 order was M.S.A. No.1 of 1981 -: 25 :- challenged on yet another ground. It was contended that Ext P121 order refers to 'Jamabandi'. But according to the State, the very Jamabandi system was introduced only in 1098ME. Therefore the reference to Jamabandi in Ext 121 order which is of the year 1077 belies the genuineness of the document, is the contention. The Forest Settlement Officer with reference to the Land Revenue Manual has noticed that the Jamabandi system was introduced in Travancore as early as in 987ME or at any rate long before the year 1077ME. No material has been brought to enter a different finding. 24. Yet another ground of challenge as against Ext P121 is that it was not produced in the prior litigations in relation to the disputed cherikals. It was noticed by the Forest Settlement Officer that the said document was in fact produced in some of the cases, but certainly, not in all. The Forest Settlement Officer found that the non-production of the document in the various litigation which arose during the period in which the officers of the M.S.A. No.1 of 1981 -: 26 :- State were in management of the properties pursuant to the arrangement evidenced by Ext P9 and the subsequent agreements, cannot be made as a ground to hold against the genuineness of the document. We concur with the said observations. **25.** Both the authorities have held Ext P121 to be a genuine document. No compelling reasons have been made out to take a different view. We endorse the concurrent finding of the authorities below. 26. The circumstance that led to the issuance of Ext P121 order is relevant. The Koikal complained to the Maharajah that their rights in respect of the properties granted by the Royal Neets are being infringed and disregarded by the the Government officials. They requested for identification, delienation and separate settlement of the properties of the Koikal. Orders were issued by the Maharajah in the said regard. It is pursuant thereto and based on the enquiry conducted that Ext P121 order was passed. It refers to the holdings of the Koikal. The Neets in question have been M.S.A. No.1 of 1981 -: 27 :- specifically adverted to in Ext P121. Exhibit P121 reflects that the cherikals held by the Neythallur Koikal were ascertained. Therefore Ext P121 order goes a long way in proving the title of the Neythallur Koikal by virtue of the Royal Neets. 27. Yet another piece of evidence relied on by the claimants to prove their title is Ext P28 certificate. Thereunder the officials of the Forest Department have affirmed the title of the Koikal to the lands and confirmed that the trees thereon belong to the Koikal. So also are Exts P5 to P8 'Mathivu Cheets' which are receipts issued regarding the levy for cultivating the cherikals with paddy. These receipts acknowledge the title of the Koikal in respect to the cherikals. 28. The inevitable finding, on the materials as adverted to above, is upholding Exts P131, P1 and P2 Neets, and the title to the properties covered thereunder. 29. Having found the genuineness of the documents relied on by the claimants to establish M.S.A. No.1 of 1981 -: 28 :- their claim of title and having found that they have obtained title to the properties thereunder by virtue of Exts P131, P1 and P2 Neets, the next question that arises for determination is regarding the identity of the properties covered under the Neets. 30. The dispute raised regarding the identity of the properties is essentially built upon the bifurcation of the areas into "muries" and "karas". While the State would contend that the Neets in question relate only to cherikals in Ezhumattur and Thelliyur, and therefore does not include the properties in question, viz., Alapra, Perumpetty and Chethakkal muries, according to the claimants Ezhumattur and Thelliyur karas got subdivided into Alapra, Perumpetty and Chethakkal muries; therefore the areas in question are covered under the Neets. No authentic records are forthcoming as to in which muri or kara the lands fell at that point of time. Therefore, identification of the properties with reference to muries and karas is impracticable. M.S.A. No.1 of 1981 -: 29 :- The Forest Settlement Officer has with reference to certain well defined, stable and undisputed boundary marks, identified and located the properties. The Forest Settlement Officer has entered into a detailed consideration under issue No.11 regarding the identity of the properties. It was concluded that the notified areas form part of the lands claimed by the claimants. After an elaborate discussion he concluded thus: "I therefore hold that the proposed Alapra and Valiakavu reserve areas fall within the Cherikals mentioned in Ext P3, P4 and P121". The Forest Settlement Officer has referred to the boundaries of the properties as mentioned in Exts P3 and P4. He has also referred to the boundaries of the properties as mentioned in Ext P121. It was found that the properties covered under Ext P3 Ozhuku is on the southern side of the property covered under Ext P4 Ozhuku and that the said properties are adjacent to each other. The findings were arrived at on the basis of the boundary descriptions. It was observed by the Forest M.S.A. No.1 of 1981 -: 30 :- Settlement Officer that all the land marks as given in Exts P3 and P4 were not identified but that certain well known land marks, either admitted or proved, were identified. It was also noticed that such land marks were accepted by both sides. He has also referred to Exts P114 commissioner's report, Exts P93, P94, P111 and P113 plans and Ext P115 mahazar to arrive at a conclusion regarding the issue of identity. As noticed supra, the attempt of the State to dislodge the said finding with regard to the description of the properties with reference to muries cannot be sustained in the absence of proper, acceptable and conclusive evidence in the said regard. The finding of identity by the Forest Settlement Officer has been affirmed by the District Court in appeal. The District Court has referred to the issue of identity and held as under: "The finding of the learned FSO on issue regarding the identity of the properties notified as the properties referred to in the Royal Neets, Ozhukus and the Government Orders has to be and is confirmed". M.S.A. No.1 of 1981 -: 31 :- On the available evidence, we approve the finding of the authorities that the Alapra and Valiyakavu reserve areas fall within the properties covered under Exts P3, P4 and P121. As noticed supra, these documents have been prepared with reference to the Royal Neets Exts P131, P1 and P2 which are the title deeds relied upon by the claimants. Therefore the notified areas fall within the documents of title of the claimants. Sufficient materials to upset the finding regarding identity of the properties are not available. The finding regarding identity is affirmed. 31. It is to be noticed that there were various litigations in respect of various items of properties between the parties. The entire documents relied on in this proceeding to prove title, have not been put forward or brought on record in any of those cases by either sides. Both sides would urge that the contention of the opposite party is barred by res judicata or that non-production of a particular document in a M.S.A. No.1 of 1981 -: 32 :- previous litigation would lead to adverse inference regarding genuineness of that document. The findings in the said litigations are contradictory. It is to be noticed that identity of the properties covered under the said litigations has not been established. The parties are at variance as to whether the said litigations related to the notified areas or not. The parties thereto also varies. 32. Referring to Ext D8 partition deed entered into in the Neythallur Koikal family, the State contended that the cherikals in question are conspicuously not included therein. If the said lands belonged to the Koikal, definitely it should have found a place in the said family partition. The State contends that, the very circumstance is sufficient to find absence of title of the claimants over the disputed cherikals. However, the learned counsel for the claimants brought to our notice that Ext D8 partition deed in fact referred to the cherikals. Referring to the cherikals it is M.S.A. No.1 of 1981 -: 33 :- recited therein that the Rajabhogam (tax) in respect of the cherikals in the two desoms, Thelliyoor and Ezhumattoor, was relinquished in favour of the Koikal itself and that it has been affirmed as per the judgment in Appeal No.294 of 1096 of the Travancore High Court. Therefore the contention regarding non-mentioning of the cherikals in question in Ext D8 Partition Deed is unsustainable. 33. The learned Senior Government Pleader would, placing reliance on the Revenue Settlement Proclamation, 1061, contend that the said proclamation required the issuance of a Patta for the properties and that even assuming that the Neets are genuine, without obtaining Patta as required under the said Proclamation, claimants cannot claim title of the properties. The claimants have no case that Patta under the said Proclamation has been obtained in respect of the land in question. Parties are not in agreement regarding the applicability of the Revenue Settlement M.S.A. No.1 of 1981 -: 34 :- Proclamation, 1061 to cherikal lands. The said proclamation does not make any reference to cherikals. Here it would be relevant to refer to the rules for settlement of cherikal lands passed by High Highness the Maharajah on 23.03.1907: ## **“Rules for the Settlement of Cherikal** ## **Lands Passed by His Highness** ## **the Maha Rajah Under date** **==> picture [133 x 25] intentionally omitted <==** 1. The term _'Cherikal_ ' includes all lands known as such in which paddy or other cultivation is carried on in recurring periods of years and on which _malavarom_ or _vilameladi_ tax alone has either been levied or was leviable by Government when they were cultivated. 2. Subject to the following modifications, the existing rules regarding classification, registration and assessment of paddy lands, gardens and waste lands shall be applicable to the classification, registration and assessment of _Cherikals._ I. In the place of the 13 rates of assessment varying from 1 to 15 Fs. Per acre now applied to waste dry lands, the rates for dry _Cherikal_ waste lands shall be only 7 and shall be as follows:- Class Assessment in fanams M.S.A. No.1 of 1981 -: 35 :- per Acre |1|....|.....|.....|7| |---|---|---|---|---| |2|....|.....|.....|6| |3|.....|.....|.....|5| |4|.....|.....|.....|4| |5|.....|.....|.....|3| |6|.....|.....|.....|2| |7|.....|.....|.....|1| II. The maximum rate of _tharavila_ or acreage value leviable on _Cherikals_ is three times the assessment fixed on them. III. In valuing reserved trees in _Cherikals_ , trees of only 89 _vannams_ and above in girth shall be taken into account. IV. The assessment to be fixed on _Cherikals_ held by Jenmis (Devaswoms and Brahaswoms) or others on favourable terms and on which the Government have been hitherto levying one half the full _malavarom_ or _vilameladi_ tax due on _Pandaravaka Cherikals_ or on which any such half rates were leviable by Government shall be one half of the full assessment hereafter to be fixed on _Pandaravaka Cherikals_ irrespective of whether such lands have been alienated or not. V. The enquiries into registration cases relating to _Cherikals_ claimed by Jenmis, their alienees or others as held by them on payment of one half of or less than the full M.S.A. No.1 of 1981 ## -: 36 :- assessment due on _Pandaravaka Cherikals_ or by Jenmis as wholly rent free shall be conducted in a quasi-judicial manner, both parties being heard (the Sirkar being represented by a Deputy Supervisor specially appointed for the purpose), evidence received and recorded and written decisions passed, briefly stating the points at issue, the findings thereon and the reasons for the same. Such enquiries shall be held and such cases disposed of by Assistant Settlement Peishkars or Additional Assistant Settlement Peishkars appointed by Government. Cases relating to other _Cherikal_ lands shall be dealt with by the Supervisors under the ordinary procedure relating to registration enquiries.” From Rule 2 above, it is seen that existing rules regarding classification, registration and assessment is made applicable to cherikals subject to the modification as mentioned therein. As noticed, it is only from 23.03.1907. Subsequently, as per Order No.3427 dated 16.04.1911 the rules regarding registry of cherikals dated 23.03.1907 above referred to was cancelled. The relevant portion of the proceedings of His Highness The Maharajah of Travancore in the said regard is extracted hereunder: M.S.A. No.1 of 1981 -: 37 :- “Read again the following Government Notifications regarding Malavaram or Vilameladi cultivation raised on Cherikals and other unregistered lands:- (i) No.5786, dated the 25[th] Makarom 1059 (ii) No.5034, dated the 5[th] Meenom 1062. (iii) Dated the 31[st] Medom 1062. Read also:- (iv) G.O. No.949/L.R., dated the 13[th] February 1907, about the settlement of _Cherikal_ lands. ## (v) Rules dated the 23rd March 1907 regarding the ” settlement of _Cherikal_ lands. ............................................................................................. ............................................................................................. 2. The _Malavaram_ or _Vilameladi_ cultivation is fugitive cultivation, carried on at intervals ranging from 6 to 12 years, on _Cherikals_ and other unregistered lands. The cultivation is inspected by the village officers and charged according to certain rates prescribed by the Government Notifications read above. These Notifications were all issued before the introduction of the Land Conservancy Regulation (II of 1067). With the completion of _Cherikal_ settlement, most of the unregistered lands, which used to be brought under the _Malavaram_ or _Vilameladi_ cultivation, have come under permanent registry. As the system of allowing the _Malavaram_ or _Vilameladi_ cultivation on unregistered lands appeared to M.S.A. No.1 of 1981 -: 38 :- be inconsistent with the spirit of the Land Conservancy Regulation and as the method of assessing such cultivation afforded scope for fraud and oppression by ill-paid subordinates, the opinions of the Division Peishkars were invited as to whether the system might not be dispensed with altogether. The Peishkars' replies have been received and perused by the Government. ## **ORDER THEREON NO.3427 DATED L.R.** ## **TRIVANDRUM 16TH MARCH 1911 3RD MEDOM 1086** His Highness' Government resolve to prohibit hereafter the system of _Malavaram_ or Vilameladi cultivation, on the unregistered lands at their disposal. The Notifications relating to the _Malavaram_ or _Vilameladi_ cultivation, read above, are hereby cancelled. Whoever occupies without the permission of the Government, any Government _Cherikal_ or other Government land shall be liable to be proceeded against under the Land Conservancy Regulations. The Rules regarding the registry of _Cherikals,_ issued under dated the 23rd March 1907, are also cancelled. The Government direct that all Government _Cherikals_ or other Sirkar lands available for registry should hereafter be dealt with under the ordinary Puduval Rules, except those lands that may be granted for the cultivation of coffee, tea, rubber, cardamom, etc., under special rules, in whose case the special rules will continue to apply.” (emphasis supplied) M.S.A. No.1 of 1981 -: 39 :- 34. That apart, as is evident from the very proclamation, the same relates to revenue purposes in connection with recovery of tax. Here it is to be incidentally noticed that by virtue of Ext P1 Neet the liability to pay tax was relinquished by the Maharajah. At any rate, if Neythallur Koikal had obtained title to the properties by virtue of the Royal Neets, the mere absence of a Patta under the said Proclamation could not affect their title. Suffice to notice that the contention regarding non-obtaining of Patta under the Revenue Settlement Proclamation, 1061 is not decisive on the issue of title. 35. The learned Senior Government Pleader would contend that Ext P114 commission report dated 29.01.1966 would show that the properties in question are thick forest without any cultivation as claimed by the claimants. As submitted by the learned Senior Government Pleader, a reading of the report indicates non-existence of any cultivation and the properties lie as thick forest. It would be M.S.A. No.1 of 1981 -: 40 :- relevant to refer to certain portions of the commission report which is extracted hereunder: “20. The proposed Alapra Reserved Forest is now in the entire possession of the State. There is no Trace of any cultivation having been done anywhere within the area except in the swamps leased out by Government. The claimants in the cases admit that there is no cultivation in this forest area (Vide Mahazars B to D attached). If cherikkals are lands within the forest regions where paddy and other crops are cultivated periodically, no such lands are now found anywhere within the notified area of the proposed Reserved Forest. From the growth of the trees and other evidences available, it could be seen that the forest was in the possession of the State for the past several years. It is evident that no cultivation is done in this area either periodically or permanently and that there is no existing Cherikkals anywhere here. 23. It is admitted by the claimants that present the entire area is a thick forest in the possession of the state and that there is no cultivation anywhere in it except in the swamps leased out by Govt. Their claim seems to be that in the places pointed out by them the Cherikkals once existed. But it is stated from the Sarkar side that no cherikkal ever existed in the R.F. area and that there is no sign in it of any cherikkal, past or present”. M.S.A. No.1 of 1981 -: 41 :- 36. However, as to whether the properties are lying as forest as on the date of the commission report and its significance, if any, are not matters in issue in the present proceedings. The issue that arises for determination in this appeal is as to whether the notified lands are 'lands at the disposal of the Government' as defined under the 1961 Act. To conclude, we hold that, the lands in question are not 'lands at the disposal of the Government' in terms of Section 2(g) of the Kerala Forest Act, 1961. 37. Though the learned Senior Counsel for the claimants would raise a contention regarding maintainability of a single appeal against the common judgment in A.S. No.159 of 76 and A.S. No.179 of 1979, as rightly pointed out by the learned Senior Government Pleader in view of Rule 2 of Kerala Forest (Appeal to the High Court) Rules, 1981, a single appeal is sufficient. Hence there is no defect regarding the institution and maintainability of this appeal. M.S.A. No.1 of 1981 -: 42 :- 38. The notification relating to Karikattoor reserve was not a subject matter of the present proceeding. However, it is seen that the learned District Judge ventured to consider the validity of notification regarding the Karikattoor reserve also. The learned District Judge proceeded to hold thus: “...As the properties are not properties at the disposal of the Government, the notification regarding it is void ineffective as regards the rights of the Koikal and the claimants. They can ignore the same and rejection of claims preferred in respect of Karikattoor will not in any manner bar the rights of the appellants to contend that the notification itself is ultra vires and ineffective on the principle laid down in AIR 1961 Kerala 202 already referred to. The contention of the State regarding Karikattoor that final notification under Section 18 of the Regulation has been issued and as such the appellants are precluded from making claims regarding Karikattoor reserve in the present proceeding relating to Alapra and Valiyakavu proposed reserves cannot stand in the light of what has been stated above.” The learned District Judge has gone beyond the scope of the proceedings and also the subject M.S.A. No.1 of 1981 -: 43 :- matter of the lis. The finding as regards the notification relating to Karikattoor reserve is liable to be set aside and we do so. 39. However, for the reasons as mentioned supra, we do not find any reason to interfere with the judgment of the learned District Judge, in so far as it relates to the proposed Alapra and Valiyakavu reserves. The Appeal is accordingly allowed in part. No costs. ## Chitambaresh, J. (concurring) 40. I concur with my brother Mr Justice Sathish Ninan confirming the judgment of the court below in so far as it relates to the proposed Alapra and Valiyakavu Reserves and setting aside the finding as regards Karikattoor Reserve. This does not however mean that the property claimed by the respondents in the Alapra and Valiyakavu Reserves are liable to be restored to them M.S.A. No.1 of 1981 -: 44 :- consequently. This is because we have not considered as to whether the property has vested in the Government under two other Acts in succession which have a bearing on the entitlement for restoration. There is a statutory vesting under Section 3 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 ['the 1971 Act' for short] and the same is as follows: “3. **Private forests to vest in Government.-** (1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the ownership and possession of all private forests in the State of Kerala shall by virtue of this Act, stand transferred to and vested in the Government free from all encumbrances, and the right, title and interest of the owner or any other person in any private forest shall stand extinguished. (2) Nothing contained in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation as is within the ceiling limit applicable to him M.S.A. No.1 of 1981 -: 45 :- under the Kerala Land Reforms Act, 1963 (1 of 1964) or any building or structure standing thereon or appurtenant thereto. **Explanation.-** For the purposes of this sub-section, “cultivation” includes cultivation of trees or plants of any species. (3) Nothing contained in sub-section (1) shall apply in respect of so much extent of private forests held by an owner under a valid registered document of title executed before the appointed day and intended for cultivation by him, which together with other lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963, is applicable, does not exceed the extent of the ceiling area applicable to him under Section 82 of the said Act. (4) Notwithstanding anything contained in the Kerala Land Reforms Act, 1963, private forests shall, for the purposes of sub-section (2) or sub-section (3), be deemed to be lands to which Chapter III of the said Act is applicable and for the purposes of calculating the ceiling limit applicable to an owner, private forests shall be deemed to be “other dry lands” specified in Schedule II to the said Act.” Any dispute as to whether such land is a private M.S.A. No.1 of 1981 -: 46 :- forest or not as defined under the 1971 Act or has vested in the Government has to be decided by the Tribunal constituted for the purpose under Section 8 thereof which is as follows: “8. **Settlement of disputes.-** (1) Where any dispute arises as to whether- - (a) any land is a private forest or not; or - (b) any private forest or portion thereof has vested in the Government or not, the person who claims that the land is not a private forest or that the private forest has not vested in the Government, may, within such period as may be prescribed, apply to the Tribunal for decision of the dispute. (2) Any application under sub-section (1) shall be in such form as may be prescribed. (3) If the Tribunal decides that any land is not a private forest or that a private forest or portion thereof has not vested in the Government and- - (a) no appeal has been preferred against the decision of the Tribunal within the period specified therefor; or - (b) such appeal having been preferred has M.S.A. No.1 of 1981 -: 47 :- ## been dismissed by the High Court, the custodian shall, as soon as may be after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, restore possession of such land or private forest or portion, as the case may be, to the person in possession thereof immediately before the appointed day.” 41. Similarly there is a statutory vesting of the ecologically fragile lands under Section 3 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 ['the 2003 Act' for short] which is as follows: “3. **Ecologically fragile land to vest in Government.-** (1) Notwithstanding anything contained in any other law for the time being in force, or in any judgment, decree or order of any Court or Tribunal or in any custom, contract or other documents, with effect from the date of commencement of this Act, the ownership and possession of all ecologically fragile lands held by any person or any other form of right over them, shall stand transferred to and vested in the Government free from all encumbrances and the right, title and M.S.A. No.1 of 1981 -: 48 :- interest of the owner or any other person thereon shall stand extinguished from the said date. (2) The lands vested in the Government under sub-section (1) shall be notified in the Gazette and the owner shall be informed in writing by the custodian and the notification shall be placed before the Advisory Committee constituted under Section 15 for perusal.” Any dispute as to whether any land is an ecologically fragile land as defined under the 2003 Act or has vested in the Government has to be decided by the Tribunal constituted for the purpose under Section 10 thereof which is as follows: “10. **Settlement of disputes by the Tribunal.-** (1) Where any dispute arises as to whether- (a) any land is an ecologically fragile land or not; or (b) any ecologically fragile land or portion thereof has vested in the Government or not; or (c) the compensation determined under Section 8 is insufficient or not, the person who claims that the land is not an ecologically fragile land or that the ecologically fragile land has not vested in the Government, or that the compensation is M.S.A. No.1 of 1981 -: 49 :- not sufficient, may, within five years from the date of commencement of this Act or within six months from the date of the notification under sub-section (1) of Section 4 declaring the land to be an ecologically fragile land or the date of communication of compensation under Section 8, as the case may be, or within such time as the Government may notify in this behalf, apply to the Tribunal for settlement of the dispute. (2) An application under sub-section (1) shall be in such form and contain such particulars as may be prescribed. (3) If the Tribunal decides that any land is not an ecologically fragile land or that an ecologically fragile land or portion thereof has not vested in the Government and- (a) no appeal under Section 11 has been preferred against the decision of the Tribunal within the period specified therein; or (b) such appeal having been preferred under Section 11 has been dismissed by the High Court; the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, restore possession of such land or portion, as the case may be, to the owner of such land. M.S.A. No.1 of 1981 -: 50 :- (4) If the Tribunal decides that the compensation determined under Section 8 is not adequate and revises the amount of compensation and- (a) no appeal under Section 11 has been preferred against the decision of the Tribunal within the period specified therein; or (b) such appeal having been preferred under Section 11 has been dismissed by the High Court; the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, pay such compensation to the owner of such land.” 42. Decisions are legion that vesting takes place by operation of law and is not dependent on any notification which is only a ministerial act by the Government following the vesting. The parties are not also precluded from moving the Tribunal in the absence of a notification if a dispute exists [See Bhargavi Amma v. State of Kerala (1997 [2] KLT 513 [FB])]. We say so since the Senior M.S.A. No.1 of 1981 -: 51 :- Government Pleader referring to Ext P114 commission report asserts that the property in question are copious forests. The stand of the Senior Government Pleader as well as the relevant portion of Ext 114 commission report has been adverted to in paragraph 35 (supra) of this judgment. There is neither any pleading nor any proof that any of the respondents were disabled from raising cultivation in the property in view of the dispute pending in this appeal. The relevant dates for determining whether the property is a 'private forest' or an 'ecologically fragile land' are 10.05.1971 and 02.06.2000, respectively. The nature of the property as on those dates would be relevant in order to decide as to whether the respondents are entitled to restoration either under the 1971 Act or the 2003 Act. The non-obstante clause contained in the aforesaid enactments whittles down the importance of the adjudication under the 1068 Act or the 1961 Act. The findings in this appeal in other words would at best advance the title claimed by the M.S.A. No.1 of 1981 -: 52 :- respondents till the date of vesting under the 1971 Act or the 2003 Act. The nature of the property would have changed vastly over these hundred years since growth of trees and shrubs in forest area cannot be arrested. Suffice it to say that the question whether there has been a vesting under the 1971 Act or the 2003 Act has not been considered in this appeal since the parties are yet to join issues thereon. ## **V. CHITAMBARESH, JUDGE.** ## **SATHISH NINAN, JUDGE.** vsv/sha