IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WA.No. 2013 of 2006(B) ------------------------------- AGAINST THE JUDGEMENT IN WPC.38233/2003 Dated 21/08/2006 .................... APPELLANT/ PETITIONER IN WPC: -------------------------------------------------- K.R.RAJAN @ RAJAN RAMAN, S/O. RAMAN, AGED 53 YEARS, KOLACKAL VEEDU, VENKAYAPPARA, KURIZHUPARA, VATTIAR P.O., IDUKKI DISTRICT. BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): RESPONDENTS IN WPC: ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF SCHEDULED CASTES AND SCHEDULED TRIBES, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. CONSERVATOR OF FORESTS, IDUKKI. 4. ASSISTANT WILD LIFE WARDEN, KOOMPARA RANGE OFFICE, CHINNAKANAL VILLAGE, IDUKKI DISTRICT. 5. ADDITIONAL TAHSILDAR, UDUMPANCHOLA, IDUKKI DISTRICT. 6. DISTRICT COLLECTOR, PYNAVU, IDUKKI. BY GOVERNMENT PLEADER SRI.RENHIT THAMPAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2013 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 Judgment H.L. Dattu, C. J: This appeal is directed against the orders passed by the learned single Judge in W.P.No.38233 of 2003 dated 21/8/2006. By the impugned order the learned single Judge has declined to grant the relief sought for by the appellant/petitioner. 2. Appellant claims that he is an Adivasi who was evicted from Mathikettan during the year 2002. 3. By Ext.P2 order certain extent of land is assigned to the appellant. One of the conditions in Ext.P2 assignment is that the assessee shall not cut and remove any trees except those permitted ones. 4. Petitioner in the writ petition filed under Article 226 of the Constitution, had requested this Court to direct respondent No.4/Assistant Wild Life Warden, Koompara Range Office, Chinnakanal Village, Idukki District not to cut or remove any trees standing in the petitioner's property and to allow the petitioner to cut the Eucalyptus trees standing in his property which has got “patta” dated 29/4/2003. 5. Keeping in view one of the conditions in the letter of assignment of land to the petitioner, the learned single Judge has rejected the writ petition. That is now the petitioner is before us in this appeal. WA.2013/06 2 6. It is not in dispute nor it can be disputed by the appellant that by Ext.P2 order certain extent of land had been assigned to the petitioner and while doing so, certain conditions were incorporated in the letter of assignment. One of the condition is that the assessee shall not cut or remove any trees except those permitted ones. As long as that condition exists, petitioner cannot request this court to permit him to cut or remove any tees standing on the land assigned to him. 7. Keeping this aspect of the matter in view, the learned single Judge, in our opinion, has rightly rejected the writ petition filed by the petitioner. We do not see any ground to interfere with the orders passed by the learned single Judge. Therefore the writ appeal requires to be rejected and it is rejected. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.