IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30968 of 2005(J) -------------------------- PETITIONER: ------------------ ANTONY KANNATTU, SHANTY FASHION STORES, PAZHAYANNOOR. BY ADV. SRI.ANIL SIVARAMAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, FOREST AND WILD LIFE (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CUSTODIAN OF VESTED FOREST & CONSERVATOR OF FORESTS, VESTED FORESTS CIRCLE, KOZHIKODE. 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, NENMMARA, PALGHAT. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 30968/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT IN MFA. NO.630/88 DT. 19.11.99. P2:- COPY OF THE JUDGMENT IN MFA. 569/81 DT. 26.8.86. P3:- COPY OF THE JUDGMENT IN MFA. NO.648/88 DT. 29.7.94. P4: COPY OF THE JUDGMENT IN WPC. NO.36785/03 DT. 21.11.03. P5:- COPY OF THE CERTIFICATE NO.A4 6182/03 DT. 7.12.04. P6:- COPY OF THE MAHAZOR OF THE FOREST RANGE OFFICER DT. 23.8.04. P7:- COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DT. 8.7.87. P8:- COPY OF THE NOTIFICATION SRO NO.509/2005 DT. 20.5.05. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DT. 6.3.06. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.30968 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: a) Issue a writ in the nature of mandamus or any other such appropriate writ, order or direction restraining the respondents or their subordinates from interfering with the agricultural operations being conducted by the petitioner in his rubber plantation situated in re-Sy.No.375/1 on the basis of Ext.P8 notification. According to the petitioner, the trees now standing in the property, which are only rubber trees, are not covered by Section 5 of the Kerala Preservation of Trees Act. 2. There will be a direction to the second respondent to pass appropriate orders in accordance with law on Exhibit P9 representation filed by the petitioner, in the light of the contentions taken by him, within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition, with notice to the petitioner. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 30968 OF 2005 J U D G M E N T 15.10.2008