The State of Kerala & Ors. Vs. The Kannan Devan Hills Produce Co. Ltd.
EmailAppeal: Civil Appeal No.4109 of 1984
Petitioner: The State of Kerala & Ors.
Respondent: The Kannan Devan Hills Produce Co. Ltd.
Apeal: Civil Appeal No.4109 of 1984
Judges: KULDIP SINGH & N.M.KASLIWAL, JJ.
Date of Judgment: Feb 07, 1991
Head Note:
FORESTS
Travancore-Cochin Forest Act, 1951:
Rules Regulating the Levy of Kuttikanam on Trees in Govt. Lands Timber rights – Kuttikanam can be charged in respect of timber planted by the grantee in the Concession Area – Appeal allowed following the decision reported in JT 1991 (1) SC 330 – Kerala Forest Act, 1961, section 85 (3). (Paras 20 and 26)
Cases Reffered:
1. State of Kerala & Anr. v. Kanan Devan Hills Produce Co. Ltd., JT 1991 (1) SC 330 – Followed.
JUDGEMENT:
O R D E R
We have today pronounced judgment in State of Kerala and another vs. Kanan Devan Hills Produce Co. Ltd. (Civil Appeal No. 1277 of 1979). For the reasons given in the said appeal this appeal has to be allowed. Mr. Nariman, learned counsel appearing for this respondent-company raised an additional point in this appeal. He contended that Kuttikanam cannot, in any case, be charged in respect of such timber which was planted by the grantee in the Concession Area. We do not agree with the contention of the learned counsel. The suit out of which this appeal has arisen was decreed by following the judgment of the Kerala High Court from which Civil Appeal No.1277 of 1979 arose. This appeal has to be dealt with in the same manner as Civil Appeal No.1277 of 1979. We allow the appeal with costs. The suit of the respondent is dismissed with costs. We quantify the costs as Rs.5,000/-
We have today pronounced judgment in State of Kerala and another vs. Kanan Devan Hills Produce Co. Ltd. (Civil Appeal No. 1277 of 1979). For the reasons given in the said appeal this appeal has to be allowed. Mr. Nariman, learned counsel appearing for this respondent-company raised an additional point in this appeal. He contended that Kuttikanam cannot, in any case, be charged in respect of such timber which was planted by the grantee in the Concession Area. We do not agree with the contention of the learned counsel. The suit out of which this appeal has arisen was decreed by following the judgment of the Kerala High Court from which Civil Appeal No.1277 of 1979 arose. This appeal has to be dealt with in the same manner as Civil Appeal No.1277 of 1979. We allow the appeal with costs. The suit of the respondent is dismissed with costs. We quantify the costs as Rs.5,000/-
