Sec. 4 Direction given by the Court for compelling the Forest authorites to return the land. Thereafter Forest Ordinance 6 of 2000 was pronounced. When an ordinance justifies an action, they cannot be hauled with proceedings under the Contempt of Court Act. On facts court has found that the lands are exempted under Sec.3 (1) of the ordinance. Appropriate directions issued. [Joseph and others vs. Lissy Jacob. CCC.No. 225/1999 .S.Sankarasubban & A.Lekshmikutty (J&J)]
Sec. 2(f) (2) - Meaning of the word "any" in the definition clause. Mere fact that the definition clause specifically includes waste lands which are enclaves within the wooded areas also within the meaning of private forests does not mean that all those waste lands which are not within the wooded area are not private forest. [ Ram Bahadur Thakur (P) Ltd. vs State of Kerala. ILR 2001(1) Kerala 9 .2001(1) KLT.SN.13.P.11. K.S.Radhakrishnan & G.Sasidharan (J&J)]
Sec. 3 (2) & (3) - Private forest converted into garden lands, paddy fields or plantations or cultivated ceased to be private forest under the definition of private forest under the Act as well as the Kerala Land Reforms Act - Such land converted into agricultural land or cultivated land does not vest in Government- Land covered by sub-sec (2) as well as sub-sec (3) should be taken along with other properties for fixing the ceiling limits under the Kerala Land Reforms Act. By the difference in the wording in sub-sec (2) and (3) it cannot be held that a person holding private forest is entitled to hold 15 acres of private forest in addition to the other lands held by him. [V.M.Raman Namboothiripad vs State of Kerala. 2001 (1) KLT 927 . K.K.Usha & R.Rajendra Babu (J&J)]
Sec. 8 - Application before the Forest Tribunal that declaration that the property not vested in Government - Limitation Act is applicable. 1987(1) KLT 651 and 1988(2) KLT 610 is not a good law in view of AIR 1995 SC 2272 and AIR 2000 SCW 2023. [ Sathish Babu vs State of Kerala. AIR 2001 Ker 48. J.B.Koshy & M.Ramachandran (J&J)]
Sec. 8-B - Power to review its order can be exercised only if one of the conditions prescribed is present. Mere fact of obtaining commission report subsequently would not amount to failure to produce relevant data in earlier proceedings so as to attract one of the ground prescribed in the provision. [ Ibrahim and ors vs Vested Forests and Conservator of Forests. AIR 2001 Ker 23. J.B.Koshy & M.Ramachandran (J&J)]