IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 4976 of 2011(V) ------------------------- PETITIONER: ------------------- LAL SINGH, S/O.PRABHAKARAN, MULLAPPALLY, KOTHATHODU, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ---------------------- 1. TAHSILDAR, KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN 686 507. 2. FOREST RANGE OFFICER, FOREST RANGE,ERUMELI, KOTTAYAM DISTRICT., PIN 686 509. 3. DIVISIONAL FOREST OFFICER, FOREST DIVISION, KOTTAYAM, PIN 686 001. * 4. THE DISTRICT COLLECTOR, KOTTAYAM. * suo motu impleaded as per Judgment dated 18-03-2011 in W.P (C) No.4976/2011 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4976 of 2011 -------------------------- Dated this the 18th March, 2011 J U D G M E N T The grievance projected in the writ petition is with regard to the inaction on the part of the respondents in acceding to the prayers sought for by the petitioner to have the 'rose wood tree' standing in the property of the petitioner cut and removed, enabling the petitioner to have the same by realising the seignorage to be fixed by the concerned respondent. The sequence of events narrated in the writ petition is as follows: 2. The property concerned herein was originally assigned to the grand father of the petitioner by the Government as per Ext.P2 'patta'. Subsequently, the same came to the hands of the father of the petitioner, who gifted the same to the petitioner, as borne by Ext.P1. Admittedly, the trees standing in the land belong to the Government and the petitioner does not have any right over the same. The particular 'rose wood tree' which is standing in the property is badly damaged/decayed and is in a dangerous condition which may fall upon the W.P (C) No. 4976 of 2011 2 residential building of the petitioner causing much loss and hardships and that the life of the petitioner and family is in danger. In the said circumstances the tree was sought to be cut and removed and the petitioner has requested to have tree on paying the seignorage to be fixed by the departmental authorities. 3. After considering the request made by the petitioner, the 1st respondent sent a letter to the 2nd respondent seeking to fix the seignorage. The 2nd respondent in turn, on receipt of Ext.P3 preferred by the 1st respondent, forwarded the matter to the 3rd respondent as per Ext.P4. Considering the facts and circumstances, the 3rd respondent assessed the seignorage as Rs.3,55,114/- as the value of the tree vide Ext.P5 and the position was conveyed by the 2nd respondent to the 1st respondent as per Ext.P6 dated 22.11.2010. The grievance of the petitioner is that the proceedings are still to be finalized and hence writ petition. 4. Heard the learned Government Pleader as well; who submits on instructions that, the proceedings have W.P (C) No. 4976 of 2011 3 already been forwarded to the District Collector, Kottayam, who is the competent authority to deal with the issue with regard to the grant of permission to the petitioner to cut and remove the same accepting the seignorage fixed by the Forest Authorities. 5. In the above circumstances, the District Collector, Kottayam is directed to consider the matter and pass final orders in this regard, as expeditiously as possible, at any rate, within 'four weeks' from the date of receipt of a copy of this judgment. The District Collector, Kottayam is 'suo motu' impleaded as the 'additional 4th respondent' and the learned Government Pleader entered appearance on behalf of the said respondent as well. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the additional 4th respondent for taking further steps. The writ petition is disposed of, as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge