K. Vinod Chandran,J.

1. The State impugn the judgment of the learned Single Judge, which found that Exhibit P1 judgment, with respect to the very same property, which is the subject matter in this case, held that the same is not a private forest and that the provisions of Section 5 of the Kerala Preservation of Trees Act, 1986 (for brevity, hereinafter referred to as "the Trees Act") cannot be applied to the property. Exhibit P8 notification issued under the Trees Act was, thus, quashed and the turning down of the writ petitioner's request to take the property out of the ambit of the Trees Act, Exhibit P12 was set aside.

2. The learned Special Government Pleader (Forests) contend before us that Exhibit P1 never found that the respondent's property is a private forest, but in fact found that it is eligible for exemption under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for brevity, hereinafter referred to as "the Vesting Act"). It is the further argument of the appellants that the respondent having been granted exemption under Section 3(3) of the Vesting Act, the Trees Act would apply, since the Trees Act would have an overriding effect