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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.Jayachandran
Padmakumar – Appellant
Versus
Secretary To Government Forest And Wild Life Department – Respondent
JUDGMENT :
C. Jayachandran, J.
The issue involved in this Writ Petition is with respect to the interpretation of Section 6(2) of the Kerala Forest Act , 1961 ('the 1961 Act', for short). To be more precise, what is the ambit and scope of the expression 'known or reputed owner or occupier' as employed in Section 6(2), is the question involved.
2. The facts:-
The petitioner would claim that his father, late Vasu Ashary, was in absolute possession of 1 hectare and 9 ares of land in Re-Survey No.44/9 in Block no.4 of Vagamon Village. The said Vasu Ashary also constructed a residential building in the said property, which was assessed by the Elappara Grama Panchayat and issued with Building No.IV/316. Vasu Ashary died on 26.11.2005, as evident from Ext.P2 death certificate. This Court discounts the minor discrepancy in the name of petitioner's father as Vasu Ashary, as pleaded in this Writ Petition and Vasu Achary, as reflected in some of the documents, including Ext.P2. Ext.P4 is a receipt evidencing payment of property tax in the name of Vasu Ashary. Ext.P6 - a document heavily relied on by the petitioner - is the field register of the property comprised in the Re-Survey No.44/9 of Block
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