IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 OP.No. 37686 of 2001(J) ----------------------- PETITIONER(S): --------------- P.B. PREETHA, D/O. BALAN, PALLATH HOUSE, POUND, VELOOPPADOM, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.T.K.VENUGOPALAN SRI.SHIBU JOSEPH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, CHALAKUDY. 3. THE TAHSILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA. GOVERNMENT PLEADER SRI. P.M. POULOSE. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 37686 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of August, 2010. J U D G M E N T Petitioner is the daughter of a person to whom land was assigned for rubber cultivation as per Ext. P1 patta. From that land, the petitioner, to whom the land was transferred by the assignee, cut down some rosewood trees, which, according to the petitioner, was planted by her father. When the petitioner sought permission and passes for transporting the timber, that was not issued on the ground that the property is still reserve forest and therefore the trees standing thereon belongs to the Government. Learned counsel for the petitioner now submits that there is no point in arguing the original petition on merits since the trees were cut down in 1994 and by this time, the timber has been completely destroyed. According to the petitioner, the petitioner has already initiated proceedings for recovery of damages in respect thereof and therefore without prejudice to the right of the petitioner to pursue those remedies, this original petition may be closed. Ordered accordingly. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.