IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 88 of 2009() ----------------------- OFFENCE NO.50/2008 OF FOREST RANGE OFFICE, DEVIKULAM PETITIONER(S): --------------- 1. RAGHAVAN @ NAV, S/O.SUBRAMANIAN, TRIBAL SETTLEMENT, KUNDARA, KDH VILLAGE DEVIKULAM TALUK. 2. SAKUNTHALA, W/O.RAGHAVAN @ NAV, TRIBAL SETTLEMENT, KUNDA,A KDH, VILLAGE, DEVIKULAM TALUK. 3. YESUDASAN, S/O.JEEVARATMA KUNDALA ESTATE, S.P.PURAM PO., MUNNAR. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. RANGE OFFICER, DEVIKULAM RANGE. 2. VILLAGE OFFICER, KDH VILLAGE, DEVIKULAM TALUK. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.88 of 2009 ---------------------------------------- Dated this the 30th day of January 2009 O R D E R Petitioners 1 and 2 are the holders of a patta issued in their favour assigning 5 acres of land by the Government to them. The 3rd petitioner is their employee. Petitioners 1 and 2 are spouses. 2. A crime has been registered by the forest officials against the 3rd petitioner. Specific allegations raised is that the 3rd petitioner cut down eucalyptus trees standing in the property assigned to petitioners 1 and 2 . This, it is alleged, amounts to offences punishable under the Kerala Forest (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules 1995. Altogether 658 Eucalyptus trees had allegedly been cut down and the details of the trees cut down are available in Annexure A5 Occurrence Report in Form 1 submitted before the learned J.F.C.M Devikulam. Petitioners, at this juncture, have come to this court with the plea that the occurrence report registered against them is totally unjustified and that the same is liable to be quashed. In the course of Crl.M.C.No. 88/09 2 arguments, the learned counsel for the petitioners submits that the petitioners shall be satisfied if the interests of the petitioners are secured by directing release of the eucalyptus timber logs which are available at the scene and which is of the value of Rs.1,17,000/- as per Annexure A5 report. The petitioners are willing to offer any appropriate security/guarantee for the said amount and at any rate, the petitioners may not be left to suffer unjustified loss because of the retention of such timber logs with the respondent. The learned counsel for the petitioners submits that in the patta that has been issued, there is no reservation whatsoever of any trees in the land assigned and in these circumstances the relevant Rules, violation of which is alleged against the petitioners, can have no application whatsoever. 3. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the forest officials are continuing the investigation and at this juncture, there is no necessity to quash the proceedings initiated or to direct release of the timber logs to the petitioners. 4. I have considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor. Crl.M.C.No. 88/09 3 Expression of final opinion accepting or rejecting the contentions raised does not appear to be necessary. The respondents must complete the investigation at the earliest. But I find merit in the contention that in the patta issued in favour of the petitioner, there is no specific reservation of any trees as property of the Government and reserved to the Government. Omnibus stipulation against cutting down of trees other than smaller trees in clause 4 is of course there. But the question whether that would apply to eucalyptus trees, does of course deserve to be considered in detail later at the appropriate stage. But, I am satisfied, in the facts and circumstances of this case that the logs of Eucalyptus trees which are shown to be of the value of Rs.1,17,000/- can be directed to be released to the petitioner to avoid damage and deterioration to the timber logs and consequent loss to all concerned. 5. In the result, a) This Crl.M.C is allowed in part. b) 658 timber logs referred to in Annexure A5 shall be released to the petitioners on the following terms and conditions: Crl.M.C.No. 88/09 4 i) They shall execute bond for Rs.1,50,000/- (Rupees one lakh fifty thousand only) before the learned Magistrate undertaking to make such amount not exceeding Rs.1,50,000/- available to the respondent as and when directed by the respondents. ii) The petitioners can furnish bank guarantee for the said amount of Rs.1.5 lakhs from any nationalised bank to the satisfaction of the learned Magistrate. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No. 88/09 5 Crl.M.C.No. 88/09 6 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008