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2000 Supreme(Ker) 361

J.B.KOSHY, M.RAMACHANDRAN
Sathish Babu – Appellant
Versus
State of Kerala – Respondent


Judgment :-

J.B. Koshy, J.

Appellant in this case filed an application under S.8 of the Kerala Private Forests (Vesting & assignment) Act, 1971 for a declaration that the property described in the petition is not vested in the Government under the above Act. The above application was rejected on the question of time bar. Along with the application the appellant filed a petition to consider the case as not time barred case because at the time when the Act came into force the appellant was a minor and when the notification was published also he was a minor. According to the appellant he filed a petition in time i.e. immediately after he attained majority, but that was not accepted by the Tribunal. The Tribunal dismissed the matter as time barred. S.8 of the Act enable a person to file claims within such period as may be prescribed by the Tribunal for a decision of the dispute. R.3 of The Kerala Private Forests (Tribunal) Rules provides that such an application should be filed within sixty days from 6th August, 1991 or from the date of publication of the notification under sub-r.(2) of R.2-A in respect of the land to which the dispute relates whichever is later. Tribunal's power to con






















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