K.T.THOMAS, D.P.MOHAPATRA
M. M. Thomas – Appellant
Versus
State of Kerala – Respondent
1. Two questions are mooted in this appeal filed by special leave. First is whether the power of review of a decision rendered under Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short "the Act") could have been exercised in the absence of any of the conditions specified in S.8C of the Act. The second question- which has sprouted as ancillary to the first question- is whether the High Court has (de hors the said provision) power to review its own decision rendered in appeal filed under the Act. If both questions are answered in the negative the appellants can succeed in getting the impugned order (of a Division Bench of the High Court of Kerala) annulled in his favour. Otherwise the impugned order will remain undisturbed.
2. The facts which lead to the said order are the following:
As per S.3(1) of the Act, ownership and possession of all private forests in the State of Kerala stood transferred to and vested in the Government free from all encumbrances with effect from the "appointed day". The statute itself has fixed 10.5.1971 as the said appointed day. However, two exceptions were provided as per sub-ss. (2) and (3) of S.3 of the Act which are extracted
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