V.C.Joseph vs State Of Kerala
2021 Latest Caselaw 7595 Ker

W.P(c).No.1829/2021-C             1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                         WP(C).No.1829 OF 2021(C)


PETITIONER:

                 V.C.JOSEPH,
                 AGED 64 YEARS,
                 S/O CHAKO, VELLIKKAKATH HOUSE, PERUMANGADU DESOM,
                 SREEKRISHNAPURAM, ALATHUR TALUK, PALAKKAD.

                 BY ADV. SHRI.T.K.SANDEEP

RESPONDENTS:

        1        STATE OF KERALA
                 REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE,
                 SECRETARIAT, THIRUVANANTHAPURAM-695 001.

        2        CUSTODIAN OF VESTED FOREST,
                 EASTERN CIRCLE, ARANYA BHAVAN, OLAVAKKODE,
                 PALAKKAD-678 002.

        3        CHIEF CONSERVATOR OF FOREST,
                 VAZHUTHAKKADU, THIRUVANANTHAPURAM-695 014.

        4        DIVISIONAL FOREST OFFICER,
                 DIVISIONAL FOREST OFFICE, KALLEKULANGARA
                 P.O.OLAVAKKODE, PALAKKAD-678 009.


                 R1-4 BY SPL.GOVERNMENT PLEADER SRI.SANDESH RAJA.K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.1829/2021-C                       2




                                        P.V.ASHA, J.
                     -----------------------------------------------------
                               W.P(c) No.1829 of 2021-C
                      ----------------------------------------------------
                         Dated this the 4th day of March, 2021

                                    JUDGMENT

The petitioner seeks a direction to the 3 rd respondent to cut and remove the

obsolete and aged rubber trees and to replant in the property covered by Ext.P1

certificate. The petitioner claims to be the authorised caretaker of the said property

and power of attorney holder of M/s. Sreeumaran, Ramakrishnan,

Sankaranarayanan, etc. on whom the said property was devolved. It is stated that

the entire property is planted with rubber plantation for a long time. Ext.P4

representation was submitted by the petitioner requesting for permission to cut and

remove the rubber trees and for replanatation. It is stated that as per Ext.P5 letter,

the petitioner was informed by the D.F.O that permission cannot be granted to cut

and remove all the trees and only those trees which are in dangerous conditions

alone can be cut and removed on furnishing a list while applying for permission

for the same.

2. The learned Special Government Pleader submits that a statement has

already been filed. At the same time, it is pointed out that a Division Bench of this

Court has, in the judgment in State of Kerala v. Antony Kannattu [2013 (2) KHC

889], permitted cutting of rubber trees in such circumstances, observing that

cultivation canot be allowed to be totally eradicated, taking note of the fact that

normal yielding life of a rubber tree is 20-25 years and the existing trees have to be

cut and removed and in their place rubber trees have to be planted and the said

activity would come under exception provided in Section 5 of the Trees Act. In

view of the said judgment, this Writ Petition is allowed to the extent indicated

below:

"Ext.P5 order shall stand set aside. The respondents shall issue a notice to

the petitioner and prepare a mahazar of the trees standing in the property covered

by Ext.P1, record the number of rubber trees which the petitioner can point out as

being liable to be slaughter tapped. The petitioner shall be permitted to cut and

remove those rubber trees which are being slaughter tapped as covered under the

mahazar which would be pointed out by the petitioner. The petitioner shall ensure

that fresh rubber saplings would be planted within three months. The respondents

shall prepare a mahazar within a further period of three months after replantation is

completed. It is made clear that no other trees shall be cut and removed under the

guise of this judgment."

Sd/-

(P.V.ASHA, JUDGE) rtr/

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RESTORATION CERTIFICATE ISSUED BY DIVISIONAL FOREST OFFICER, PALAKKAD RANGE DATED 11.3.2015.

EXHIBIT P2 A TRUE COPY OF THE NOC CERTIFICATE DATED 23.12.2017 ISSUED BY DIVISIONAL FOREST OFFICER, PALAKKAD.

EXHIBIT P3 A TRUE COPY OF THE INSPECTION REPORT PREPARED AFTER FIELD VERIFICATION ON 3.12.2015.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION TO CHIEF MINISTER OF KERALA DATED 24.9.2019.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 19.11.2020 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD.