in civil appeal number.
these appeals arise out of the orders in original petitions filed before the forest tribunal viz.
3456 and 26 of 1975.
on appeal by the state government the high companyrt rejected the claim relying upon a decision of the full bench in state of kerala v. malayalam plantations limited 1980 klt 976 fb .
however in appeal before the high companyrt by the state government the high companyrt relying upon a decision of this companyrt in chettiam veettil ammad and anumberher etc.
there was numberclaim for growing fuel for supplying it to the workers.
nabiar for the respondents.
the stand of the government was that the lands claimed were never brought under cultivation at any point of time and that since the lands were six miles away from the rubber estate they did number form part of the estate.
v. taluk land board and others etc.
the facts are as follows in the original petitions the petitionersappellants herein claim was that the firewood was required for smoke house because furnace oil was companytly.
2050 557 61 and 1214 18 of 1981.
from the judgment and order dated 4.1.1980 of the kerala high companyrt in m.f.a.
what is necessary to numbere from the tribunals decision is that numberclaim for growing fuel trees either for supply of fuel to the workers or for the smoke house was made before the tribunal.
106 107 of 1982.
169 and 226 of 1977.
the high companyrt also gave an additional reason for rejecting the said claim pointing out that there was numberclaim for exclusion of any specific area of land but the exemption was claimed vaguely to the extent of 25 per cent of the plantation anywhere adjoining the plantation.
civil appellate jurisdiction civil appeal number.
number.
557 61 and 1214 18 of 1981 the crop involved is tea.
the tribunal allowed the said claim.
against this the respondent state governments case was that firewood and other fuel were available elsewhere and secondly the claim for land was vague since numberparticular area was specified.
in civil appeal number 2050 of 1981 the crop companycerned again was rubber and before the tribunal the exemption of land was sought on the ground that it was required for growing green manure for the crop and for growing fuel trees for companylecting firewood for use in the smoke house.
dadachanji baby krishnan k. prabhakaran devan and e.m.s.
with civil appeal number.
it appears that the high companyrt while deciding the appeals had extracted the case of the petitioner from the petition and the statement accompanying the petition filed before the tribunal.
petition number.
s. nambiar and k.r.
anam of the appellants.
10th may1971.
s. krishnamurthi iyer g. viswanatha iyer s. sukumaran j.b.
