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State of Kerala - Section

Section 44 in Kerala Forest Act, 1961

44. Procedure on claim preferred to such timber.

(1)When any such statement is presented as aforesaid, the Divisional Forest Officer may after making such enquiry as he thinks fit after recordings his seasons for so doing either reject the claim or deliver the timber to the claimant. A copy of the order shall be served on the claimant.
(2)If such timber is claimed by more than one person the Divisional Forest Officer may, either deliver the same to any such person whom he deems entitled thereto, or refer the claimants to the Civil Court and retain the timber pending the receipt of an order from such court for its disposal. If in the opinion of the Divisional Forest Officer such timber is liable to deterioration, he mar sell the same in public auction and deposit the sale proceeds as Forest Deposit. The amount so deposited shall be dealt with in accordance With the orders of Court.
(3)Any person whose claim has been rejected under this section may within one month from the date of service of order, institute a suit to recover possession of the timber claimed by him, but no person shall ; recover any compensation or costs against the Government, or against any Forest Officer on account of such rejection or detention or removal or sale by auction of any timber or the delivery thereof to any other persons under this section.
(4)No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered or a suit has been brought, as provided in this section.