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K. VINOD CHANDRAN, C. JAYACHANDRAN
Ayyappankutty Ezhuthassan S/o. Krishnan Ezhuthassan – Appellant
Versus
State Of Kerala Represented By Principal Secretary To Government (Forest And Wild Life) Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
K. Vinod Chandran, J.
The appeals arise from a common order of the Tribunal, in which the Tribunal mistakenly found that all the applicants are brothers. On going through the title deeds produced in the applications, we find that the applicants in O.A.No.30 of 2008 and O.A.No.35 of 2008 are brothers. We do not see any family connection between the said applicants and the applicant in O.A.No.34 of 2008. However, the property scheduled in the respective applications are lying contiguous and the contentions are also similar.
2. In O.A.Nos.30 & 35 of 2008, the title of the respective applicants is traced to Ext.A1. The parties therein are one Paru Amma, W/o. Krishnan Ezhuthassan and two children Ayyappankutti Ezhuthassan, the applicant in O.A.No.30 of 2008 and Raman Ezhuthassan, the applicant in O.A.No.35 of 2008. The partition was effected on the death of Krishnan Ezhuthassan and the three parties were referred to as the 1st, 2nd and 3rd branches in the partition deed. The scheduled properties in O.A.No.30 of 2008 have an extent of 2.12 Acres in Survey Nos.249/2,3,6A of Kadambazhipuram Village, Alangad Amsom, Ottappalam Taluk, Palakkad District. It was alleged that the lands a
Properties without evidence of cultivation prior to the enactment of the Madras Preservation of Private Forests Act, 1949, are covered under the Act. A partition deed alone cannot establish valid tit....
Personal inspection is permitted by virtue of S.12(e) of Vesting Act.
It is well settled that local inspection is not intended to substitute the enquiry envisaged in law.
Under EFL Act, applicant has to prove that land is principally cultivated with long duration crops or is a plantation, or beneficial enjoyment for a building, which alone can exclude it from definiti....
The court upheld the Tribunal's findings that properties were exempted from vesting under Section 3(2) of the Vesting Act due to cultivation.
The court determined that the Original Application under the Vesting Act was time-barred and confirmed the publication of notifications, reinforcing adherence to statutory limitations and the signifi....
Claimants must prove property identity and contiguity to be excluded from the Vesting Act; mere assertions without evidence fail to establish a claim.
The court established that compliance with notification publication requirements is vital for determining the statute of limitations in actions under the Vesting Act, impacting the validity of proper....
The court reaffirmed that the State holds fiduciary duties under public trust principles to protect forest land, requiring valid claims for restoration and emphasizing the need for adherence to legal....
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