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NITIN JAMDAR, S. MANU
R. Kanakamani Thampuratty – Appellant
Versus
State Of Kerala, Represented By Its Chief Secretary – Respondent
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 Koick
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 decla....
: When Right to Life is guaranteed to the citizen of our great Nation, then protection of Environment including forests, lakes, rivers and wildlife are of paramount importance and without protecting ....
The court reaffirmed that the notification under the Indian Forest Act validly vested land with the State, and the appellate authority exceeded its jurisdiction by setting aside unchallenged notifica....
The main legal point established in the judgment is the lack of jurisdiction of Consolidation Authorities over forest land notified under Section-4 of the Indian Forest Act, 1927, and the vesting of ....
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The court upheld the State's authority to declare land as reserved forest, emphasizing that tenure-holders cannot claim proprietary rights over such land post-abolition of Zamindari.
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