Prince Joseph vs State Of Kerala
2021 Latest Caselaw 6273 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      WP(C).No.19673 OF 2020(H)


PETITIONER:

               PRINCE JOSEPH
               AGED 40 YEARS
               S/O. JOSEPH,
               RESIDING AT CHOORANOLIL HOUSE,
               CHEMBALAM KARA,
               CHEMBALAM. P. O,
               PAMPADUMPARA VILLAGE,
               UDUMBANCHOLA TALUK, IDUKKI.

               BY ADV. SRI. S. DILEEP KALLAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED THROUGH THE PRINCIPAL SECRETARY,
               REVENUE DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        RANGE FOREST OFFICER,
               OFFICE OF THE RANGE FOREST OFFICE,
               KUMALI RANGE,
               KUMALI - 685 509.

      3        THE VILLAGE OFFICER,
               PAMPADUMPARA VILLAGE,
               IDUKKI DISTRICT - 685 552.


               SRI. SANDESH RAJA. K, SPL GP, FOREST

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19673 OF 2020

                                          2




                                 JUDGMENT

Dated this the 22nd day of February 2021

The petitioner is challenging Ext.P5 order by which

permission was denied for cutting and removing the

rosewood trees in his property covered by Ext.P8 pata as

well as Ext.P1 sale deed. The petitioner challenged Ext.P5

on the strength of Ext.P6 amendment as well as Ext.P7

circular. In Ext.P7 circular, the Principal Secretary to

Revenue Department ordered that ownership of all the trees

except that of sandal wood trees in the properties covered

by pata would vest in the owners/assignees.

2. Subsequent to the filing of the writ petition the

said circular, Ext.P7 was modified as per GO(MS) 261/20/RD

dated 24.10.2020 permitting the assignees of the land to

appropriate only the trees planted in the property

subsequent to the assignment. Both these orders were

subsequently cancelled as per GO(MS) No.30/21/RD dated

02.02.2021. Therefore, as at present there is no order in WP(C).No.19673 OF 2020

favour of the petitioner which vests sole ownership over the

trees on petitioner or which permits the cutting of rosewood

trees.

In view of these orders the question whether the tree is

covered by the pata produced by the petitioner or the

petitioner is having any ownership over the trees are left

open. It is made clear that, the merits of the contentions

are not considered in this judgment.

Accordingly the writ petition is disposed of.

Sd/-

P.V.ASHA JUDGE

SPR WP(C).No.19673 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED BEARING NO.2223/08 OF UDUMBANCHOLA SRO.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02/06/2020.

EXHIBIT P3 THE TRUE COPY OF THE LETTER NO.K.R.331/2020 DATED 18/06/2020 ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 22/06/2020.

EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.KR.331/2020 DATED 08/07/2020.

EXHIBIT P6 THE TRUE COPY OF THE GO(P)60/2017/RD DATED 17/08/2017 OF THE 1ST RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE G.O.NO.U3/187/2019/REVENUE DATED 11/03/2020.

EXHIBIT P8 PATA BEARING NO.876/68 ISSUED BY THE SPECIAL TAHASILDAR LA, NEDUNKANDOM DATED 20.05.1976.

RESPONDENT'S/S EXHIBITS: NIL.