Kerala High Court
Harrisons Malayalam Ltd vs State Of Kerala on 18 March, 2022
WP(C) No.5028/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
WP(C) NO. 5028 OF 2022(C)
PETITIONER:
HARRISONS MALAYALAM LTD BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-682
003, REPRESENTED BY ITS HEADE-LEGAL, MR.SUMITH BABU.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOREST &
WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST & CHIEF WILDLIFE WARDEN,
FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
3. DIVISIONAL FOREST OFFICER, CHALAKUDY FOREST DIVISION, CHALAKUDY,
THRISSUR-680307.
4. WILDLIFE WARDEN, PEECHI WILDLIFE DIVISION, PEECHI P.O.,
THRISSUR-680653.
5. ASSISTANT WILDLIFE WARDEN, CHIMMONY WILDLIFE SANCTUARY, CHIMMONY DAM
P.O., THRISSUR-680304.
6. THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P11 communication and permit the
petitioner to cut and remove rubber trees as permitted by the 3rd
respondent in Ext.P8, pending disposal of the Writ Petition(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.E.K.NANDAKUMAR (SENIOR ADVOCATE), M/S.M.GOPIKRISHNAN NAMBIAR, K.JOHN
MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM & RAJA KANNAN,
Advocates for the petitioners and of SHRI.T.P.SAJAN, SPECIAL GOVERNMENT
PLEADER for R2 to R6, the court passed the following:
WP(C) No.5028/2022 2/4
N. NAGARESH, J.
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W.P.(C) No.5028 of 2022
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Dated this the 18th day of March, 2022
ORDER
From the pleadings, it is seen that the petitioner is
holding the land on the basis of a perpetual lease issued in
1911. The petitioner has been planting and replanting rubber in
the 44.69 Acres of land for a considerably long period. Exts.P8
and P9 would show that the activities were with the consent and
knowledge of the respondents. Now, by Ext.P11 Order dated
03.05.2021, the petitioner is informed that no felling or removal
of trees from the area can be permitted. Going through the
pleadings involved in the writ petition, statement filed by the
Special Government Pleader and considering the judgment of
this Court in W.P.(C) No.8611 of 2021, I am of the view that
certain interim arrangements are to be made in the case,
pending final disposal of the writ petition.
WP(C) No.5028/2022 3/4
W.P.(C) No.5028 of 2022
Accordingly, there will an interim order staying the
operation of Ext.P11 order. The respondents are directed to
permit the petitioner to cut and remove the old and
uneconomical rubber trees standing in the area and to replant
rubber trees, pending final disposal of the writ petition. The
petitioner would keep correct and accurate accounts in respect
of the trees that are to be cut and removed from the estate. It
shall be open for inspection by the Conservator of Forests or
any Officer authorised by him. The Conservator of Forests
shall be informed of in advance before removing the trees. The
permission for removal of trees can be granted to the petitioner
subject to the condition that the petitioner executes a bond in
favour of the Government undertaking to pay seigniorage. This
order will be provisional and subject to the final orders.
Sd/-
N. NAGARESH
JUDGE
SR
18-03-2022 /True Copy/ Assistant Registrar
WP(C) No.5028/2022 4/4
APPENDIX OF WP(C) 5028/2022
Exhibit P8 A TRUE COPY OF THE COMMUNICATION NO C.A 4-5710/05 DATED
00.04.2021 ISSUED BY THE 3RD RESPONDENT TO THE RANGE
FOREST OFFICER, VELLIKULANGARA TO PERMIT THE PETITIONER
TO CUT AND REMOVE THOSE RUBBER TREES
Exhibit P9 A TRUE COPY OF THE ONE SUCH PASS NO 01/21-22 DATED
20.4.2021 ISSUED BY THE RANGE FOREST OFFICER,
VELLIKULANGARA TO THE PETITIONER
Exhibit P11 A TRUE COPY OF THE LETTER DATED 3.5.2021 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER
