1963 Supreme(Ker) 160
C.A.VAIDIALINGAM
Kuppathode Madhavan Hair – Appellant
Versus
State of Kerala – Respondent
Advocates:
In O.P. No. 875 of 1962.
P.C. Balakrishna Menon, for Petitioners; Govt. Pleader for Respondents;
In O.P. Nos. 1037, 1106 to 1110 of 1962.
K.V. Surianarayana Iyer and C.M. Devan, for Petitioners; Govt. Pleader, for Respondent.
In O.P. No. 1282 of 1962.
V. Sivaraman Nair, for Petitioner; Govt. Pleader, for, Respondents.
In O.P. No. 1312 of 1962.
K.V. Surianarayana Iyer and C.M. Devan, for Petitioner; Govt. Pleader for Respondent.
In. O.P. No. 1936 of 1962.
K.P. Ramunny Menon, for Petitioner; Govt. Pleader, for Respondents.
In O.P. No. 675 of 1963.
K. Mohammed Maria, for Petitioners; Govt. Pleader for Respondents.
In .O.P. No. 855 of 1963.
P.K. Kesavan Nair and K.N. Narayana Pillai, for Petitioner; Govt. Pleader, for Respondent.
In O.P. No. 858 of 1963.
V.R. Krishna Iyer, K. Saghavan Nair and K.C. Shankaran, for Petitioner; Govt. Pleader, for Respondents.
In O.P. No. 1191 of 1963.
K. Mohammed Naha and M.A. Hameed, for Petitioner; Govt. Pleader, for Respondents.
ORDER :- In this batch of 14 writ petitions, the petitioners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four Sections, namely, Sees. 48 to 51, contained in Chapter VII of the Kerala Forest Act, 1951, (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as infringing the fundamental rights guaranteed to the petitioners under Arts. 19(1)(f) and (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.
2. Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Government Pleader appearing for the State, have agreed to treat the averments contained in O.P. No. 1108/62 as well as the counter-affidavit filed by the State in the said writ petition, as representing the respective stand taken by the various petitioners, as well as by the State in all these matters.
3. The averments contained in O.P. 1108/6
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