IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 8345 of 2006(R) ------------------------------------ PETITIONER: -------------------- K.T.JACOB, KULATHUNGAL HOUSE, CHITTAR SEETHATHODU, VADASSERIKKARA, PATHANAMTHITTA. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.P.M.BENZIR SRI.DEEPU LAL MOHAN RESPONDENTS: ---------------------- 1. THE FOREST RANGE OFFICER, VADASSERIKKARA RANGE, PATHANAMTHITTA. 2. THE DIVISIONAL FOREST OFFICER, RANNI DIVISION, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 SPL. GOVERNMENT PLEADER SRI.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, ALONG WITH WPC NO. 8384 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8345/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE OF PATTA BEARING NO.LA 98/72 DT. 6.3.1972. EXT.P2:_ COPY OF THE PATTA BEARING NO.LA 320/72 DT. 16.8.1972. EXT.P3:- COPY OF THE SALE DEED NO.1882/05 DT. 14.12.2005. EXT.P4:- COPY OF THE RECEIPT NO.2093608 DT. 5.1.2006 ISSUED BY THE VILLAGE OFFICER. EXT.P5:- COPY OF THE SALE DEED 255/2003 DT. 14.2.2003. EXT.P6:- COPY OF THE RECEIPT NO.2093610 DT. 5.1.2006. EXT.P7:_ COPY OF THE SKETCH CERTIFIED ON 25.1.2006 BY THE VILLAGE OFFICER, CHITTA SEETHATHODU. EXT.P8:- COPY OF THE APPLICATION DT. 1.3.06 SUBMITTED BY THE PETITIONER. EXT.P9:- COPY OF THE CERTIFICATE NO.A3 848/06(1) K.DIS. DT. 14.2.2006 ISSUED BY THE TAHSILDAR, RANNI. EXT.P10:- COPY OF THE CERTIFICATE NO.A3 848/06(2) /K.DIS DT. 14.2.2006 ISSUED BY THE TAHSILDAR, RANNI. EXT.P11:- COPY OF THE KERALA PROMOTION OF TREE GROWTH IN NON-FOREST AREAS ACT, 2005 PUBLISHED IN KERALA GAZETTE (EXTRA ORDINARY) DT. 8.9.05. ANNEXURE R1(a):- COPY OF THE JUDGMENT DT. 10.8.04 IN WPC. NO.16744/2004. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) Nos.8345 & 8384 of 2006 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The writ petitions are filed mainly for permission to cut and remove teak wood trees, which according to the petitioners, are standing in de-reserved areas. It is submitted that under Section 6 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, such permission is liable to be granted. According to the petitioner in W.P.(C) 8384/06, it was recommended by the Forest Range Officer himself, as per Ext.P6. Annexure R1(a) judgment referred to in the counter affidavit is dated 10.8.2004. In view of the subsequent enactment, the case of the petitioners will have to be tackled under the provisions of the said legislation. Therefore, the writ petitions are disposed of directing the second respondent/competent authority to take appropriate action on the applications submitted by the petitioners in the light of Section 6 of the Act. The needful shall be done with notice to the petitioners within one month from the date of production of a copy of the judgment. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) Nos.8345 & 8384 of 2006 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.