Kerala High Court
Jai George vs The District Collector on 30 September, 2021
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 20393 OF 2018
PETITIONER/S:
JAI GEORGE
AGED 47 YEARS
S/O. P.J GEORGE, AGED 47 YEARS, PULICKAL HOUSE ,K.P
PADMANABHAN ROAD, AYYAPPANKAVU, COCHIN - 682 018.
BY ADV SMT.DAISY A.PHILIPOSE
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
ERNAKULAM - 682 031.
2 THE COMMISSIONER OF POLICE
COCHIN CITY, ERNAKULAM - 682 031.
3 THE CIRCLE INSPECTOR OF POLICE
CENTRAL POLICE STATION, ERNAKULAM - 682 031.
4 THE ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY
ERNAKULAM - 682 031.
5 THE CORPORATION OF COCHIN
REPRESENTED BY ITS SECRETARY - 682 031.
BY ADV K.JANARDHANA SHENOY, SC FOR R5
ADV TEK CHAND, SR. GP FOR R1 TO R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 20393 of 2018 -2-
JUDGMENT
S. Manikumar, C. J.
Petitioner has sought for the following reliefs:-
"i. Issue a writ of mandamus directing the respondents 2
and 3 to take immediate and effective action against the culprits
who felled the trees, which were growing on the Government
land just opposite to the Central Mall near M.G.Road.
ii. Issue a writ of mandamus directing the respondents 4
to carry out take immediate census of the existing trees and to
take effective action to protect the remaining trees, within the
Corporation limits."
2. Short facts leading to the writ petition are as hereunder:-
According to the petitioner, he is a permanent resident of
Ernakulam Village coming under the Cochin Corporation. Petitioner
is aggrieved by the felling of two healthy trees, on the Government
land, just opposite to the Central Mall near M. G. Road.
Petitioner has contended that on 18.06.2018, it was reported in
Malayala Manorama Daily that one Mango tree and one Fig Tree was
cut by about 15 workers in the middle of the night.
As per G.O.(P) No. 85/86/F&WLD dated 02.09.1986, it was
ordered that trees on public lands shall not be felled, without
permission from the Assistant Conservator of Forests (Social Forestry)
having jurisdiction over the area.
Petitioner has further contended that as per the news report,
though the neighboring street vendors tried to prevent the felling of
trees, they were threatened, and though information was given to the
Central Police Station, no action was taken by the Police to prevent
further felling of the trees, nor the culprits were arrested till date, in
spite of the complaint submitted by the concerned Municipal
Councilor. Petitioner has also contended that it is highly necessary to
take measures to protect the remaining trees in the City, as they are
being destroyed.
3. On 28.09.2021, we passed the following order:-
"On the prayers sought for, Mr. Tek Chand, learned
Senior Government Pleader submitted that based on the
complaint of the Secretary, Cochin Corporation, Crime No. 1457
of 2018 under Section 447 IPC r/w Section 35 and 3(1) of the
Prevention of Damage to Public Property Act, 1984, has been
registered against 5 persons and that on completion of the
investigation, a charge sheet has also been filed and the matter is
under consideration.
2. As regards the second prayer as to whether census had
already been undertaken or still to be carried on under Section 4
of the Kerala Promotion of Tree Growth in non-Forest Areas Act,
2005 ('Act, 2005' for short), the Cochin Corporation, the Local
Self Government Institutions, has to answer. Section 4 of the
Act, 2005 is reproduced hereunder:
"4. Duties of Local Self Government Institutions.--
Notwithstanding anything contained in any other law
for the time being in force, the Local Self Government
Institutions shall promote tree growth in non-forest
areas and be responsible for,--
(a) the cultivation of saplings in the lands owned or
transferred or vested in them;
(b) carrying out census of the existing trees;
(c) development and maintenance of nurseries, supply
of seeds, saplings and trees at reasonable prices to
persons, who are required to plant new trees or to
replace trees which have been felled;
(d) getting the trees planted or transplanted which are
necessitated by
the construction of buildings, new roads or widening of
existing roads or for safeguarding danger to life and
property;
(e) organizing demonstrations and extension services
for the purposes of
this Act and assisting private and public institutions in
connection with the planting and preservation of trees;
(f) undertaking or executing such schemes or measures,
as may be
directed, from time to time, by the Government for
achieving the objects of this Act."
Registry is directed to show the name of Sri. K.
Janardhana Shenoy, learned Standing Counsel for the Cochin
Corporation, in the cause list."
4. Mr. K. Janardhana Shenoy has entered appearance on behalf
of Corporation of Cochin, represented by its Secretary, the 5 th
respondent.
5. Having regard to the provision extracted and the facts of this
case, suffice to direct Corporation of Cochin, represented by its
Secretary, the 5th respondent, the Local Self Government Institution, to
carry out census of the existing trees, and take all such measures as
per Section 4 of the Kerala Promotion of Tree Growth in Non-Forest
Areas Act, 2005. Said exercise be completed within a period of four
months from the date of receipt of a copy of this judgment.
Corporation of Cochin, represented by its Secretary, the 5 th
respondent, is further directed to issue appropriate instructions to the
concerned officials, to complete the work within the stipulated time.
With the above directions, writ petition is disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX OF WP(C) 20393/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOGRAPHS OF THE TREE STUMPS.
EXHIBIT P2 A TRUE COPY OF THE NEWS REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY'
ON 18/6/2018, WITH ITS TRANSLATION.
EXHIBIT P3 A TRUE COPY OF G.O(RT) NO.
68/2010/F&WLD DATED 10/2/2010.
