IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 12767 of 2006(T) -------------------------- PETITIONER(S): --------------- A.C.CHUMMAR, S/O.A.C.CHACKO, AKKARRA HOUSE, OLLUR, TRISSUR DISTRICT. BY ADV. SRI.S.JAMES VINCENT RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR. 3. THE FOREST RANGE OFFICER, EDAVANNA, NILAMBUR. BY SPL. G.P.(FOREST) SRI. P.. POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SALE DEED NO.368/1981 DATED 24.1.1981 OF THE MACHERI SUB REGISTRY IN FAVOUR OF THE PETITIONER. EXT.P2 TRUE COPY OF LAND REVENUE RECEIPT NO. 56 IN BOOK NO. 610 ISSUED BY THE VILLAGE OFFICER, AKAMPADOM ON 29.11.2002 EXT.P3 TRUE COPY OF POSSESSION CERTIFICATE NO. 205/2006 ISSUED BY DO ON 14.3.2006 EXT.P4 TRUE COPY OF THE SURVEY SKETCH OF THE PROPERTY ISSUED BY DO ON 12.11.2003 EXT.P5 TRUE COPY OF PLANTATION TAX RECEIPT NO. 55 IN BOOK NO. 610 ISSUED BY DO. ON 29.11.2002 EXT.P6 TRUE COPY OF SRO NO. 1629/85 DATED 26.11.1985 ISSUED IN KERALA GAZETTE NO.1043, VOL. XXX, DATED 3.12.1985 ISSUED UNDER SECTION 5 OF THE KERALA PRESERVATION OF TREES ORDINANCE 1985 (WITH LIGIBLE COPY) EXT. P7 TRUE COPY OF APPLIC;ATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT ON 14.3.2006 WITH A DECLARATION, ETC. EXT.P7(a) TRUE COPY OF DECLARATION DATED 14.3.2006 EXT.P7(b) TRUE COPY OF LIST OF TREES. RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF NOTIFICATION NO. 3105/E1/85/F & WLD DATED 26.11.1985 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. P. C NO. 12767 OF 2006 -------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT W.P.C. is filed for direction to the forest officials to permit the petitioner to cut and remove large number of trees from his property. It is seen from the application itself that petitioner has only possession certificate towards title of the property and the extensive number of trees shown in the list attached by the petitioner establishes beyond doubt that the land is virtual forest. Government Pleader opposed the petitioner's claim saying that the property from which petitioner desires to cut trees is covered by the notification issued under the Preservation of Trees Act. He further submitted that the later development is declaration of the land as ecologically fragile land under the Special Statute. The remedy for grievance under the said Act is appeal under Section 10 of the Act. In the counter affidavit, respondents have also stated about the Supreme Court guidelines with regard to permission to cut and remove trees even from private land. In any case, since WPC was filed in 2006 and in view of the subsequent development, 2 particularly the notification issued under the Ecologically Fragile Land Act, I close the WPC leaving freedom to the petitioner to approach the authorities based on the current norms and if the petitioner has any grievance he can take up the matter in appeal before the Tribunal constituted for this purpose. (C.N. RAMACHANDRAN NAIR) Judge kk 3