Under Section 3 1 thereof, the ownership and possession of all private forests in the State of Kerala stood transferred to and vested in the Government free of all encumbrances with effect on and from the appointed day i.e. 10th May, 1971.
This was companymunicated to the sharers after 11th August, 1962.
1439 and 1441 of 1983 in the Subordinate Judges Court to review the order of 7th February, 1981 and I.A. No.
4559 of 1980.
Hot on the heels came Review Petitions Nos.
This application was allowed.
This was disposed of on 17th August, 1985 as number pressed.
After the demarcation was companypleted, the Government by its order dated 25th May, 1982 directed the custodian to allocate 1680 acres in Bhudan Colony, a different area.
However, before a final decree companyld be passed in the said suit the Kerala Private Forests Vesting and Assignment Act, 1971 came into force with effect from 10th May, 1971.
These review applications were dismissed.
On 30th March, 1984 the State Government issued a numberification under Section 5 of the Kerala Preservation of Trees Ordinance 15 of 1984 which subsequently became an Act.
different companysiderations may perhaps have ensued.
In that suit a preliminary decree for partition was passed and Joint Receivers were appointed by the Court for the management of the property till partition by metes and bounds was effected.
4559 of 1980 for giving possession of 1650 acres be carried out within a reasonable time.
The Court, however, came to the companyclusion that it had numberjurisdiction to issue such a direction to the custodian, but directed that the earlier order of the Court dated 7th February, 1981 in I.A. No.
Thereafter Revision Petition No.
The High Court quashed the Governments order of 25th May, 1982 and directed the State Government and the custodian to hand over the possession of 1680 acres of land demarcated by the custodian.
2621 of 1983 and C.R. P. No.
P. No.
The custodian earmarked the land to be allocated to the original plaintiffs on the right bank of Sholavar River in one single block.
On the companytrary the State Government filed I.A. No.
It was at this stage that Sections 8B, 8C and 8D came to be introduced by Ordinance No.
The sharers filed I.A. No.
Since the sharers were intimated about the Governments order allocating 1680 acres in Bhudan companyony.
1062 of 1981.
147 and 150 of 1984.
147 of 1984 was filed to review the order in Cr.
2271 of 1982 and Review Petition No.
In the meantime the survey was companypleted.
1255 of 1984 were allowed by an order dated 3rd September, 1987 holding that the prior orders lacked inherent jurisdiction and were, therefore, nullities.
6563 of 1982 challenging the said order on the ground that the State Government had numberjurisdiction to interfere with the custodians demarcation and the owners had the option to select the land under Section 3 3 of the Act.
Review Applications Nos.
Under that decree the entire area of 32.00 acres of private forests belonging to Nilambar Kovilakam was liable to partition amongst 112 family members.
This order is the subject matter of S.L. Ps.
1062 of 1981, the Government issued orders on 26th November, 1981 to the custodian to demarcate the 1680 acres.
P. No.
3874 of 1982 seeking extension of time for implementation of the order.
The special leave petition filed against this order was dismissed by this Court on 29th May, 1983.
23 of 1983 was filed for delivery of possession through Court.
Thereafter, by an order dated 26th November, 1981, the State Government directed the custodian to demarcate these 1680 acres.
5500 of 1988.
7905 of 1988.
On 8th November, 1983 an Execution Petition No.
147 and 150 of 1984 to review the order in Cr.
The said order is challenged in S.L. P. No.
6563 of 1984.
Both these review applications, viz.
154 of 1984 against the order of O.P. No.
4829 and 4829A of 1988.
The Joint Receivers submitted a report to the Court to direct the custodian to hand over the possession of the area already demarcated to the sharers.
The preliminary decree passed in O.S. No.
C.R. P. No.
Thereupon the State Government and the custodian filed I.A. Nos.
It was pursuant to this order of the Government that the custodian undertook the demarcation exercise under the Act and demarcated the land as stated earlier.
17 of 1984 passed on 16th February, 1984 reenacted again and again till it culminated into Amendment Act 36 of 1986.
Had the preliminary decree culminated into a final decree prior to the companying into operation of the Act w.e.
In the meantime they filed O.P. No.
22 of 1961 was prior to the companying into operation of the Act in question.
2624 of 1983 on 30th July, 1983 for implementation of the earlier orders and to permit them to take possession of the land in accordance with the determination by the survey authorities.
Neither the State Government number the custodian challenged that order.
f. 10th May, 1971.
were allowed by the order dated 19th October, 1987.
Review application filed later was also dismissed as number pressed.
Against that order the State Government as well as the custodian moved the High Court by way of revision application and obtained an exparte stay which was later modified allowing possession to be taken through Court.
