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1963 Supreme(Online)(Ker) 21

KERALA HIGH COURT
, J
MADHAVAN NAIR AND OTHERS v. STATE OF KERALA


Advocates:
For the Appellants/Petitioners: K. V. Surianarayana Iyer
For the Respondents: Government Pleader

1 In this batch of 14 writ petitions, the petitioners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four sections, namely S.48 to 51, contained in Chap.7 of the Kerala Forest Act , 1961 (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as infringing the fundamental rights guaranteed to the petitioners under Art.19(1)(f) & (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.

2 Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Government Pleader appearing for the State, have agreed to treat the averments contained in O. P. No. 1108/62 as well as the counter affidavit filed by the State in the said writ petition, as representing the respective stand taken by the various petitioners, as well as by the State in all these matters.

3 The averments contained in O. P. 1108 62 are briefly as fo

































































































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