Forest Offence, Sandalwood Confiscation, Kerala Forest Act, Government Scheme

1. Background:

• The appeals arising from the High Court judgment dated 13.08.2010.
• Writ petitions allowed by the High Court, setting aside the sandalwood confiscation order.
• Appeals filed by the State of Kerala and its Divisional Forest Officer, Munnar, against the High Court decision.

2. Parties and Claims:

• P.J. Antony and Cheriyan Kuruvila were petitioners in the writ petitions before the High Court.
• Claims of ownership and possession over specific land parcels in Marayoor Village.
• Applications made to Tahsildar for handing over dried and fallen sandalwood trees to Forest Department.

3. Inspection and Certificates:

• Reports of Taluk Surveyor confirming fallen sandalwood trees.
• Certificates issued by Village Officer for conducting auction of sandalwood trees.

4. Subsequent Events:

• Joint application submitted to Divisional Forest Officer.
• Seizure of sandalwood trees by Range Officer.
• Confiscation orders passed and subsequent legal actions.

5. High Court Judgment:

• Lack of evidence of forest offence.
• Rejection of Forest Department's claims based on procedural irregularities.
• Emphasis on documentation and actions of petitioners before authorities.

6. Analysis of Evidence:

• Critique of Divisional Forest Officer's dismissal of Revenue officials' reports.
• Questioning of enhanced figures of seized sandalwood trees.
• Rejection of Forest Department's presumption of forest offence.

7. Legal Principles:

• Interpretation of "reason to believe" under Forest Act.
• Clarification of presumption under Section 69 of the Forest Act.
• Requirements for formation of opinion by authorities.

8. Conclusion:

• Upholding High Court decision to set aside confiscation order.
• Directing Forest Department to proceed according to Government scheme.
• Dismissal of appeals without costs.

9. Additional Remarks:

• Mention of failure in maintaining records by Forest Department.
• Reference to a previous judgment highlighting lapses in forest management.

10. Disposition:

• Dismissal of appeals.
• Direction for expeditious compliance with Government scheme.
• No imposition of costs on parties.

11. Pending Applications:

• Dismissal of any pending applications.