Radha vs State Of Kerala
2021 Latest Caselaw 7474 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.5473 OF 2021(H)


PETITIONER:

               RADHA,
               AGED 56 YEARS,
               D/O.LATE BHAVANI, CHEPPOTTU VEEDU, VAZHAVATTA P.O,
               WAYANAD - 673577.

               BY ADVS.
               SRI.M.P.ASHOK KUMAR
               SRI.P.C.GOPINATH
               SMT.BINDU SREEDHAR
               SRI.ASIF.N

RESPONDENTS:

      1        STATE OF KERALA,
               REP. BY ITS SECRETARY, DEPARTMENT OF FORESTS,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DIVISIONAL FOREST OFFICER,
               DIVISIONAL FOREST OFFICE, SOUTH WAYANAD DIVISION,
               KALPETTA, WAYANAD - 673 121.

      3        THE FOREST RANGE OFFICER,
               OFFICE OF FOREST RANGE OFFICER, MEPPADY RANGE,
               MEPPADY, WAYANAD - 671 014.

               BY ADV. SRI.SANDESH RAJA.K, SPECIAL GOVT. PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5473 OF 2021(H)

                                        2



                                 JUDGMENT

The petitioner is aggrieved by

Ext.P11 order by which permission was

denied for cutting and removing the

rosewood trees in her property.

2. Petitioner points out that Ext.P13

appeal is submitted before the 2nd

respondent and petitioner would be

satisfied with a direction to the 2nd

respondent to consider the same.

                In     view       of        the       limited     relief

     sought     at    the     time          of    admission      by    the

     learned     counsel          for       the    petitioner,         the

     writ      petition          is     disposed           of   with     a

direction to the 2nd respondent to consider

and pass orders on Ext.P13 appeal, after

affording an opportunity of hearing to

petitioner, in accordance with law, within WP(C).No.5473 OF 2021(H)

a period of two months from the date of

receipt of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.5473 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NUMBER 774/95 DATED 10.03.1995 OF KALPETTA, SRO.

EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED 03.06.2020 ISSUED BY MUTTIL SOUTH VILLAGE.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE NO.2543/2020 DATED 17.12.2020 ISSUED BY THE MUTTIL SOUTH VILLAGE OFFICER.

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03.12.2020.

EXHIBIT P5 TRUE COPY OF THE LOCATION CERTIFICATE DATED 4.12.2020 ISSUED BY THE VILLAGE OFFICER, MUTTIL VILLAGE SHOWING THE EXACT LOCATION OF THE PROPERTY.

EXHIBIT P6 TRUE COPY OF CIRCULAR NO.U3/187/2019/ REVENUE DATED 11.03.2020 ISSUED BY THE GOVERNMENT.

EXHIBIT P7 TRUE COPY OF GO(MS) NO.261/2020/REV.DATED 24.10.2020 ISSUED BY GOVERNMENT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 23.12.2020 DULY ACKNOWLEDGED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPORT DATED 25.12.2020 FORWARDED BY THE SECTION FOREST OFFICER, MUTTIL SECTION.

EXHIBIT P10 TRUE COPY OF APPLICATION DATED 25.01.2021 FILED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, SOUTH MUTTIL.

EXHIBIT P11 TRUE COPY OF ORDER NO.M2 626/2020 DATED 30.01.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE DATED 25.01.2021 ISSUED BY THE VILLAGE OFFICER, MUTTIL SOUTH.

EXHIBIT P13 TRUE COPY OF THE APPEAL DATED 03.02.2021 FILED BY THE PETITIONER.