IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36636 of 2010(D) --------------------------------------- PETITIONER(S): ---------------------- 1. P.KUMARAN, S/O.KRISHNAN, PARAKKOTTIL HOUSE, SHOLAYUR. 2. P.K.SUDHEER, S/O.P.KUMARAN, PARAKKOTTIL HOUSE, SHOLAYUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------- 1. DIVISIONAL FOREST OFFICER MANNARKKAD 678 582. 2. FOREST RANGE OFFICER AGALI RANGE, AGALI 678 581. 3. DEPUTY RANGER SHOLAYUR FOREST STATION, SHOLAYUR 678 581. R1 TO R3 BY GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 36636 OF 2010 ===================== Dated this the 8th day of December, 2010 J U D G M E N T Exts.P1 to P4 are the applications made by the petitioners for cutting and removal of the trees mentioned therein. On those applications, Exts.P5 to P8 reports were made by the 2nd respondent. However, orders were not passed and therefore Exts.P9 to P10 representations were made for expeditious orders on the applications made. Despite the above, orders were not passed and petitioner filed WP(C) No.22818/10 before this Court. At that stage, the objection raised was that there was a proposal to issue a notification under Section 5 of the Preservation of Trees Act and that it was therefore that orders were delayed. However, by Ext.P13 judgment, this Court disposed of the writ petition clarifying that in the absence of a notification, order was liable to be passed in accordance with the position as it stood then, namely without any notification. Accordingly, orders have now been passed evidenced by Exts.P14 to P17 permitting the petitioners to cut the trees mentioned in the orders. It is contending that these orders do not permit cutting and removal of WPC No. 36636/10 :2 : the entire trees mentioned in Exts.P1 to P4 and Exts.P5 to P8, the writ petition has now been filed. 2. It is pointed out by the learned Government Pleader that permissible number of trees have been allowed to be cut and removed in terms of Section 6(3) of the Act. It is also stated that if the petitioners are aggrieved by the aforesaid orders, petitioners have a right of appeal under Section 6(8) of the Kerala Promotion of Tree Growth in Non-forest Areas (Amendment) Act, 2007. 3. Therefore, having regard to the appellate remedy available to the petitioners under Section 6(8) noticed above, leaving it open to the petitioners to file the appeals before the Divisional Forest Officer concerned, this writ petition is disposed of. It is directed that if an appeal is filed as above within two weeks from today, the same will be dealt with and orders shall be passed at any rate within 4 weeks thereafter. ANTONY DOMINIC, JUDGE Rp