1991 INSC 0067
                                             State of Kerala and Others

                                                           Vs

                                      Kannan Devan Hills Produce Co. Ltd.

                                          Civil Appeal No. 4109 of 1984

                                        (Kuldip Singh, N. M. Kasliwal JJ)

                                                      07.02.1991

                                                        ORDER

1. We have today pronounced judgment in State of Kerala v. Kanan Devan Hills Produce Co. Ltd.
((1991) 2 SCC 272). For the reasons given in the said appeal this appeal has to be allowed. Mr.
Nariman, learned counsel appearing for the 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. 5000.

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