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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V.MENON
State of Kerala – Appellant
Versus
M.T. Thankachan S/o Thomas – Respondent
| Table of Content |
|---|
| 1. government's claim over trees. (Para 1 , 2) |
| 2. conditions of ownership in patta. (Para 3 , 4 , 5) |
| 3. statutory provisions and definitions. (Para 6 , 7 , 8) |
| 4. concept of ownership. (Para 12 , 13) |
| 5. future rights under law. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
A. Muhamed Mustaque, J.
1. The question that arises for consideration in this appeal pertains to the claim made by the Government over teak, blackwood, ebony, and sandalwood trees that came into existence on land assigned under the Kerala Land Assignment Act, 1960 (hereinafter referred to as the ‘Land Assignment Act’) and the Kerala Land Assignment Rules, 1964 (hereinafter referred to as the ‘Land Assignment Rules’). The trees in question grew subsequent to the assignment of the land. The issue is simple and straightforward: whether, in light of the provisions of the Land Assignment Act and Rules, and the conditions forming part of the patta, the ownership of such trees vests with the Government or with the assignee.
2. The learned Single Judge in this matter was of the view that the conditions in the patta would apply only to trees covered under the provisions of the Kerala Promotion of Tree Growth in Non-forest Ar
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