NAVANITI PRASAD SINGH, J.

1. The State being aggrieved by the judgment and order dated 8.12.2015 passed in O.P. No.12870 of 2002, have filed this intra court appeal. The contesting respondent, upon notice, have appeared.

2. We have heard Sri. Ranjith Thampan, the learned Additional Advocate General and Sri. Jayaprakash Sen, learned Senior Counsel appearing for the party respondent at length and with their consent, disposing of this appeal at this stage itself.

3. Basic facts are not in dispute, though the legal effect thereof are contested. The matter arises out of a proceedings under the Kerala Escheats and Forfeitures Act, 1964 (hereinafter referred to as 'the Act' for short). Section 3, 4, 5 and 6 of Act 4 of 1964 reads as follows:

3. Escheats:- Where a person dies intestate and without leaving legal heirs, all his property shall be escheat and shall belong to the Government."

4. Preliminary enquiry.-Whenever the Collector receives information from any source that any person in possession of any movable or immovable property lying within his jurisdiction has died intestate and without legal heirs, he shall cause an inquiry to be made as to whether the deceased has died inte