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1987 Supreme(Ker) 570

PARIPOORNAN, FATHIMA BEEVI
STATE OF KERALA – Appellant
Versus
KULAKKADA PANCHAYAT – Respondent


Judgment :-

1. The State is the appellant in this writ appeal. Respondent in this writ appeal is the Kulakkada Panchayat, represented by Executive Officer - the petitioner in the O. P. The Panchayat felled an Anjili tree that was tanding in the land comprised in Sy. No. 538/1 of the Kulakkada Village. The said land was a puramboke. The revenue authorities disputed the right of the Panchayat in respect of the said Anjili tree. The District Collector wrote to that effect to the Deputy Director of Panchayats as evidenced by Ext. PI dated 23-2-1978. The Panchayat assailed the said stand taken by the District Collector in the O. P. It was argued that under S.62 of the Kerala Panchayats Act 1960, the matters specified in the said section would stand transferred to and vest in the concerned Panchayat, and after vesting of the matters specified in the Panchayat the Government can have no right in respect of matters which had vested in the Panchayat. A reference was made to the decisions of this Court in Erattupetta Panchayat v. Tahsildar (1980 KLT 843), Purappuzha Panchayat v. State of Kerala (1974 KLT 1), and Mohammed v. Board of Revenue (1974 KLT 134). The plea of the Panchayat was accep



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