IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 29195 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. T.K.RAVEENDRAN, S/O.KUTTAN VAIDHYAN, T.C.38/1415, PAZHAVANGADI, THIRUVANANTHAPURAM. 2. ANOOP.R., S/O.T.K.RAVEENDRAN, T.C.38/1415, PAZHAVANGADI, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE CHIEF CONSERVATOR OF FORESTS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE RANGE OFFICER, FOREST RANGE OFFICE, PARUTHIPPALLI, THIRUVANANTHAPURAM DIVISION, KUTTICHAL, KATTAKKADA. BY SPECIAL GOVERNMENT PLEADER SRI.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.29195 of 2008 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The 1st petitioner is one of the co-owners in possession and enjoyment of 35.20 Ares of property in R.S.No.206/1 of Nemom Village, Thiruvananthapuram Taluk. It seems that certain teak trees in the property has been cut and removed by one of the co-owners to be utilized for the construction of a residential building. O.R.No.10/08 has been registered by the 2nd respondent for unauthorised cutting and removal of timber trees from the property. There are four more teak trees in the property. The cut trees were taken into custody and kept in the Forest Range Office, Paruthippalli, and log pieces are kept in the Saraswathy Wood Works, Karamana in the custody of the Mill Manager, stated to be under the supervision of the 2nd respondent. Ext.P4 notice was issued on behalf of the 1st petitioner seeking release and restoration W.P.(C).No.29195 of 2008 :: 2 :: of custody to the lawful owner. Ext.P5 reply was given by the 2nd respondent stating that the act of cutting and removal is in violation of Section 6 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005. It was at this juncture, the petitioner approached this court. 2. Thereafter Ext.P7 application styled as an appeal under Section 9 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2006 has been filed before the Divisional Forest Officer. There is a dispute as to whether an appeal is maintainable. 3. But, nevertheless, learned Government Pleader submits that the application shall be treated as one for release of timber by a person claiming ownership of the property, from where the trees were cut for utilizing the same for construction of the building and it shall be dealt with accordingly. 4. The 2nd respondent shall pass orders on Ext.P7, taking note of Ext.P10, also within one W.P.(C).No.29195 of 2008 :: 3 :: month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge