IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 27050 of 2010(E) --------------------------------------- PETITIONER: ------------------- BABITHA, AGED 40 YEARS, W/O. DILEEP, VALIYAPURAKKAL, KOTTAPPURAM. BY ADV. SRI.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. THE DIVISIONAL FOREST OFFICER, MANNARKKADU – 678 001. 2. THE FOREST RANGE OFFIER, AGALI, MANNARAKKADU – 678 001. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN, SPL. GOVT. PLEADER (FOREST) SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27050 of 2010 (E) --------------------------------- Dated, this the 23rd day of September, 2010 J U D G M E N T The petitioner submits that in respect of her property, she made Ext.P2 application for a permit to cut and remove the timbers mentioned therein. 2. Learned Government Pleader has produced before me order dated 07/09/2010 and claimed that order has been passed on Ext.P2 application. 3. However a reading of the order shows that the view taken by the respondents is that the area in question is proposed to be notified under Section 5 of the Preservation of Trees Act, and that therefore, only some of the trees will be permitted to be cut. In the judgment dated 06/09/2010 in WP(C) No.22818/2010, dealing with a similar order passed, this Court disapproved the view taken by the respondents and held that so long as there is no such notification, application made by a person has to be dealt with in accordance with law as it exists on the date of consideration of the WP(C) No.27050/2010 -2- application. In this case, what is relied against the petitioner is only a proposal and therefore, the proposal can have no impact on the claim of the petitioner. In that view of the matter, I direct the respondents to pass fresh orders on Ext.P2 application, applying the statutory provisions governing the grant of permit to cut and remove trees as it exist on the date of consideration of the application, and ignoring order dated 07/09/2010. Such orders shall be passed as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg