IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 28472 of 2008(M) ----------------------------------------- PETITIONER(S): ------------------------- 1. TIMBER MERCHANTS ASSOCIATION OF IDUKKI DISTRICT, TIMBER MERCHANTS BAHVAN, ADIMALI, REPRESENTED BY ITS SECRETARY,C.S.RAZAK, S/O.SRI.SAITHUKUNJU, AGED 42 YEARS, RESIDING AT CHOORAVELIL HOUSE, CHELLIYAMPARA, VELLATHOOVAL.P.O., ADIMALI, IDUKKI DISTRICT. 2. K.N. DIVAKARAN, S/O. THE LATE NARAYANAN, AGED 55 YEARS, RESIDING AT KOLLAMMAVUDIYIL HOUSE, IRUMPUPALAM, P.O. VALARA, IDUKKI DISTRICT. 3. M.P. VIJAYAN, S/O.SRI.PEETHAMBHARAN, AGED 48 YEARS, RESIDNG AT MANALEL HOUSE, KUNJITHANNI.P.O, ADIMALI, IDUKKI DISTRICT. 4. DEVASSIA, S/O. LATE IPE, AGED 69, RESIDING AT ODUVELIL, RAJAKKAD.P.O, UDUMBANCHOLA, IDUKKI DISTRICT. 5. IBEY, S/O. LATE MATHEW, AGED 39 YEARS, RESIDING AT PULIKKAL HOUSE, KULAPPARACHAL.P.O, MURIKKUMTHOTTIL, UDUMBANCHOLA, IDUKKI DISTRICT. 6. PAUL, S/O. SRI. VARGHESE, AGED 42 YEARS, PULLAN HOUSE, ADIMALI.P.O, IDUKKI DISTRICT. 7. K. MURUKESAN, S/O. SRI. KARUPPAN, AGED 42 YEARS, KUNDALA, KOVIOLLOOR, MUNNAR, IDUKI DISTRICT. BY MR.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, SMT.K.RADHAMANI AMMA, MR.ANTONY MUKKATH. Kss ..2/- ...2..... WPC.NO.28472/2008 M RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAURAM. 2. SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM. 3. PRINCIPAL CHIEF CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 4. CONSERVATOR OF FOREST, HIGH RANGE CIRCLE, OFFICE OF THE CONVSERVATOR OF FOREST, S.H. MOUNT P.O, PARAMPUZHA, KOTTAYAM. 5. DIVISIONAL FOREST OFFICER, OFFICE OF DIVISIONAL FOREST OFFICER, MARAYUR.P.O, IDUKKI DISTRICT. 6. DIVISIONAL FOREST OFFICER, OFFICE OF DIVISIONAL FOREST OFFICER, MUNNAR, DEVIKULAM, IDUKKI DISTRICT. 7. DIVISIONAL FOREST OFFICER, OFFICE OF DIVISIONAL FOREST OFFICER, MANKULAM SPECIAL DIVISION, ADIMALI P.O., IDUKKI DISTRICT. 8. DIVISIONAL FOREST OFFICER, OFFICE OF DIVISIONAL FOREST OFFICER, FLYING SQUAD DIVISION, KOTHAMANGALAM, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT. Kss ...3/- ..3.... WPC.NO.28472/2008 M 9. FOREST RANGE OFFICER, FOREST RANGE OFFICE, KANTHALLOOR, KANTHALLOOR P.O.,MARAYOOR, IDUKKI DISTRICT. 10. FOREST RANGE OFFICER, FOREST RANGE OFFICE, DEVIKULAM, MUNNAR, IDUKKI DISTRICT. 11. FOREST RANGE OFFICER, FOREST RANGE OFFICE, ADIMALY, P.O. ADIMALY, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SMT. SUDHADEVI BY SPL. GOVT. PLEADER (FOREST)MR.RENJITH THAMPAN MR. M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28472/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1(A): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 2ND PETITIONER DTD. 28/06/2008. EXT.P1(B): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 3RD PETITIONER DTD. 1/06/04. EXT.P1(C): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 4TH PETITIONER DTD. 7/02/2008. EXT.P1(D): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 5TH PETITIONER DTD. 24/03/04. EXT.P1(E): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 6TH PETITIONER DTD. 1/10/07. EXT.P1(F): COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 7TH PETITIONER DTD. 27/06/06. EXT.P2: COPY OF THE NOTIFICATION DTD. 04/10/2006 OF THE 1ST RESPONDENT. EXT.P3: COPY OF THE SCHEDULE AS AMENDED BY ACT 19 OF 2007. EXT.P4: COPY OF THE NOTIFICATION DTD. 28/08/1990 PUBLISHED IN THE KERALA GAZETTE EXTRA ORDINARY DTD. 12/09/1990. EXT.P5(A): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 18/08/06. EXT.P5(B): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 17/08/06. EXT.P5(C): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 4/09/07. EXT.P5(D): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 21/08/07. EXT.P5(E): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 3/08/07. Kss ..2/- ...2..... WPC.NO.28472/2008 M EXT.P5(F): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 5/09/07. EXT.P5(G): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 11/05/07. EXT.P5(H): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 30/07/07. EXT.P5(I): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 02/08/07. EXT.P5(J): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 29/09/07. EXT.P5(K): COPY OF THE PASS AND PERMIT ISSUED FOR REMOVAL OF TREES DTD. 11/09/07. EXT.P6: COPY OF THE REPRESENTATION DTD. 30/01/2008. EXT.P7: COPY OF THE REPRESENTATION DT. 01/05/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J. ----------------------------------------- W.P(C).No.28472 of 2008 ----------------------------------------- Dated this the 30th March, 2009 JUDGMENT The first petitioner is an association of Timber Merchants of Idukki district. Petitioners 2 to 7 are members of the first petitioner association. They have raised a common grievance regarding the insistence by the respondents for permission and passes to be obtained for removal of non-specified trees from non-forest areas, in the possession of small holders, in the course of enforcement of the Kerala Promotion of Tree Growth in Non-Forest Area Act, 2005, as amended by Act 19 of 2007. It is contended that trees, which are specified in the Act alone require prior permission from the Forest Officer for cutting and removal. Moreover, areas should be notified. It is contended that many of them are in possession of non-forest areas and they have planted non specified trees like eucalyptus, which can be cut and removed without attracting the provisions of the aforementioned Act. 2. Mr.O.V.Radhakrishnan, learned Senior Counsel appearing for the petitioners draws my attention to the WP(C).28472/08 2 Schedule to the said Act, which permits cutting and removal of the trees, which are mentioned therein, as not requiring a prior permission from the authorised Officer. It is further contended that the coercive measures available under the Act can be enforced only in relation to specified trees in notified areas and ought not to be enforced in relation to the trees, which are mentioned in the schedule to the Act and which do not require prior permission of the Officer. 3. In the statement filed on behalf of the 6th respondent, reference is made to private lands in non-forest areas, but situated adjacent to the forest areas. No doubt, removal of non-specified trees which are specified in the schedule to the Act may not require prior permission from the Forest Officer. But, proper implementation of provision of the Act, might require verification of these aspects which may be disputed in given circumstances. 4. I heard Mr.O.V.Radhakrishnan, learned Senior Counsel appearing for the petitioners and Mr.Renjit Thampan, learned Additional Advocate General. WP(C).28472/08 3 5. Trees which are specified in the Act come within the purview of the provisions of the Act. Cutting and removal of trees which are mentioned in the schedule to the Act from non specified areas may not attract the provisions of the Act, but the respondents cannot be denied the power to verify whether the trees in question sought to be cut and removed, in a given case are from a non-forest areas and whether the trees in question are those which are mentioned in the schedule to the Act or whether they are specified trees. 6. In my view, a comprehensive administrative mechanism may be brought into force by the Government to see that while the provisions of the Act are enforced in a proper manner, those persons who stay within the bounds of law are also spared of unnecessary harassment and hardship. The representations filed on this behalf by the first petitioner association as evidenced by Exhibits P6 and P7 may be forwarded by the third respondent to the Government within one month from the date of receipt of a copy of this judgment. A copy of the Writ Petition may also be forwarded along with WP(C).28472/08 4 the copy of this judgment. The Government shall thereafter call for a meeting of the representatives of the first petitioner and the concerned Forest officials and issue an administrative order, resolving the issues, which are highlighted in Exhibits P6 and P7 within three months from the date of receipt of a copy of this judgment. The other contentions raised by the petitioners are left open. The Writ petition is disposed of as above. V.GIRI, JUDGE vgs.