IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 OP.No. 4789 of 2001(T) --------------------------- PETITIONERS: ---------------- 1. SHAJI KURUVILLA, PUTHENKADUPPIL, PUTHUMALA, MEPPADI, S. WAYANAD. 2. SMT. BETTY SHAJI, W/O. SHAJI KURUVILLA, PUTHEN KADUPPIL, PUTHUMALA, MEPPADI. 3. DENNY SHAJI, (MINOR), SON OF SHAJI KURUVILLA, PUTHEN KADUPPIL, PUTHUMALA, MEPPADI, S. WAYANAD (REP. BY MOTHER 2ND PETITIONER) BY MR.M.C.JOHN, ADVOCATE. MR.JESWIN P.VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE TAHSILDAR, VYTHIRI, WAYANAD. 3. THE DEPUTY TAHSILDAR, VYTHIRI, WAYANAD. 4. THE FOREST RANGE OFFICER, MEPPADI RANGE, S. WAYANAD. BY MS. SMITHA SUKUMAR, GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.4789/2001 Order on C.M.P.No.7889/2001 in O.P.No.4789/2001 Closed. 05.03.2009 Sd/- S. SIRI JAGAN, JUDGE A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE CERTIFICATE WITH THE SKETCH No.A2- 908/94 DATED 8.3.1995 ISSUED BY THE 4TH RESPONDENT. EXT. P2 : COPY OF THE CERTIFICATE No.907/94 DTD. 8.3.1995 WITH THE SKETCH. EXT. P3 : COPY OF THE APPLICATION FOR COFFEE REGISTRATION DTD. 12.10.1999 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT. P3(a) : COPY OF the APPLICATION FOR COFFEE REGISTRATION DTD. 12.10.1999 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT. EXT. P3(b) : COPY OF the APPLICATION FOR COFFEE REGISTRATION DT.12.10.1999 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT. P4 : COPY OF the NOTICE No.G2-8564/99 DTD. 16.8.2000 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. EXT. P4(a) : COPY OF THE NOTICE No.G2-8564/99 DT. 16.8.2000 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT. EXT. P4(b) : COPY OF THE NOTICE No.G2-8564/99 DT. 16.8.2000 ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ O.P.No. 4789 OF 2001 ---------------------------------------- Dated this the 5th day of March, 2009 JUDGMENT The petitioners are father, mother and minor son. They together own 29.72 acres of land being part of a larger extent of about 190 acres, which originally belonged to M/s. Malayalam Plantations Ltd, out of which 29.72 acres were purchased by the petitioners. Forest authorities initiated proceedings under the Private Forest (Vesting and Assignment) Act for vesting of the land in the Government as provided forest. O.A. filed before the Forest Tribunal by the petitioners was allowed and the said area was exempted from vesting as a cardamom plantation. Subsequently, the petitioners converted a portion of the said land namely, 9.97 acres, as a coffee estate. When they applied for registration as a coffee estate, by Ext.P4 series, registration was reused on the ground that the land has been notified under the Kerala Preservation of Trees Act. It is under the above circumstances, the petitioners have filed this original petition O.P.No.4789/01 2 seeking the following reliefs: a) call for the records relating to Exts.P3 and P4 series. b) issue a writ of certiorari quashing Ext.P4 series; c) issue a writ of mandamus directing the respondents to issue the coffee registration certificates in respect of the portions of the petitioners' estate mentioned in Ext.P3 series; d) issue a writ in the form of a declaration that Section 5 of the Kerala Preservation of Trees Act will not attract the coffee estate of the petitioners comprised in R.S.No.1186 of Vellarimala village, Vythiri Taluk”. 2. A counter affidavit has been filed producing copy of the notification issued under the Kerala Preservation of Trees Act. Having notified the same under the Act, cutting of trees is prohibited and therefore, the land could not have been converted into coffee estate, is the contention raised by the State. 3. The learned counsel for the petitioner submits that as per that notification, only 14.1640 hectors have been declared notified under the Act and there is no indication in that notification that the same includes the petitioners' property. It is further contended that since the Kerala Preservation of Trees Act prohibits only cutting of trees in O.P.No.4789/01 3 cardamom plantations, cardamom hill reserve etc and since the property in question now is a coffee estate to which the prohibition under the Preservation of Trees Act cannot apply. 4. The contention of the respondents is that 14.1640 hectares notified under the Kerala Preservation of Tees Act includes the petitioners' property. The petitioners have not been able to controvert that contention. Therefore, I am not inclined to countenance that contention of the petitioners. Regarding the second contention, if such a contention is accepted, then any person can defeat the Kerala Preservation of Trees Act with impunity. The owner of a cardamom estate cannot convert into a coffee plantation and then claim that now that it is only a coffee plantation, the Act would not apply. Admittedly, the property in question was exempted from the purview of the Kerala Private Forest Vesting and Assignment Act only as a cardamom estate. Once that land is notified under the Kerala Preservation of Trees Act, cutting of trees is prohibited. The petitioners have converted the same by cutting trees. In any case since the land was exempted from vesting under the Kerala Private Forests (Vesting and Assignment) Act, it could not have been converted into any O.P.No.4789/01 4 other land. In the above circumstances, the second contention also fails. Accordingly, the original petition is dismissed. S. SIRI JAGAN, JUDGE Acd