IMPORTANT POINT
The court upheld the jurisdiction of the Forest Settlement Officer under the Kerala Forest Act, 1961, affirming that the Petitioner had adequate statutory remedies to challenge the notification declaring land as Reserved Forest.

JUDGMENT :

Nitin Jamdar, C. J.

The Government of Kerala declared around 9,000 hectares of land in Munnar Hills as Reserved Forest. The Petitioner challenged this declaration in W.P.(C) No.18595 of 2007, which was dismissed by the learned Single Judge in a judgment dated 18th June 2007 observing that the Petitioner has an alternate remedy under the Kerala Forest Act, 1961.

2. The Petitioner is in appeal before us under Section 5 of the Kerala High Court Act, 1958 contending that since the Petitioner has challenged the competence of the Government of Kerala in issuing such a notification, the adjudicatory machinery under the Act of 1961 is not the adequate remedy and only recourse is to approach under Article 226 of the Constitution of India. The question, thus, arises is whether the Petitioner has a remedy to assail the notification under the provisions of the Act of 1961 on the grounds as contended.

3. Since the Appellant asserts that the remedy of appeal is unavailable given the facts and circumstances, a brief overview of the case of the Appellant is necessary. The case of the Appellant is as under:

3.1 The Appellant is a member of the Poonjar Royal Family, also known as Poonjar Koickal or Poonjar Kovilakam. This family, once the largest Janmi in Travancore, followed the Hindu joint family system of Marumakkathayam until 1976. The family originally belonged to the Madurai Royal Family, which relocated to Malayala Desom in 1132 for specific reasons. Later, in 1252 and 1419, the Appellant's ancestors purchased two tracts of land, the Kannan Devan Hills and Manjamala Periyar Malampram, from the Chengamanad Devaswom family in the Kingdom of Vadakkumkur. These lands, tax-free and under no Government revenue control, later fell under the sovereignty of the Travancore State in 1756. Kannan Devan Hills became part of Kottayam District’s Meenachil Taluk, while Manjamala Periyar Malampram was included in the district’s Thodupuzha Taluk.

3.2 Originally, the Appellant’s family was part of the Pandya dynasty, which ruled Madurai. After acquiring the above lands, they invited subjects from Madurai to settle there. Later, when Tipu Sultan invaded regions like Dindigul, Periyakulam, and Theni in 1780, more subjects sought refuge with the family. They were granted land and permitted to make a living by cultivating crops and gathering forest produce. The settlers practised "Cheri" cultivation—burning vegetation to plant crops like ragi and shifting cultivation when soil fertility declined. They also collected forest goods like cardamom, pepper, cinnamon, and ivory, which they sent to the family for rewards.

3.3 In 1877, Mr. John Daniel Munroe, a British official engaged in surveying the inter-state boundary with Madras, requested Kerala Varma Valiya Raja, the Appellant’s Karanavan (head of the family), to lease portions of Kannan Devan Hills for coffee cultivation. They entered into a lease on July 11, 1877, excluding land used by tenants for agriculture and public utilities. The lease deed, registered as Document No. 733/1052 in the Meenachil District Registry, required an initial security deposit of Rs.5,000 and an annual rent of Rs.3,000. The lease included a provision for the land’s return to the family without compensation under specific conditions. As the original lease restricted succession or assignment, a modification was executed on July 26, 1879, allowing inheritance and assignment of the lease rights.

3.4. On November 8, 1879, Munroe transferred his leasehold interest to the North Travancore Land Planting & Agricultural Society Ltd., which paid a premium for the family’s consent. After the Society went into liquidation, it assigned the lease to Kannan Devan Hills Produce Company Ltd., a Scottish entity, on July 16, 1900. The State formalized an agreement with the Company in 1914, reaffirming the conditions laid out in earlier deeds.

3.5 In 1961, the Kerala Land Tax Act was enacted, imposing a basic tax on all lands in Kerala, including lea