K.T.George vs The Assistant Wildlife Warden
2023 Latest Caselaw 1657 Ker

W.P.(C) No.40056 of 2022                   1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                             WP(C) NO. 40056 OF 2022
PETITIONER:

              K.T.GEORGE
              AGED 61 YEARS
              S/O. K.M.THOMAS, RESIDING AT KUNNUMPURAM HOUSE,
              VANIYAMPARA POST, TRISSUR DISTRICT-680652.
              BY ADVS.
              VINOD VALLIKAPPAN
              S.SUMITHA


RESPONDENTS:

              THE ASSISTANT WILDLIFE WARDEN
              OFFICE OF THE WILDLIFE WARDEN, PEECHI,
              TRISSUR DISTRICT-680653.



              BY SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.01.2023,       THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.40056 of 2022                   2




                                      JUDGMENT

Dated this the 27th day of January, 2023

According to the petitioner, petitioner is in possession of properties

comprised in Sy.No.2278/2 and 2279 of Peechi Village, Thrissur Taluk and

cultivating in the said land. Petitioner has submitted Exhibit P1 application before

the Assistant Wildlife Warden, Peechi,Thrissur - the respondent, seeking to cut and

remove the trees standing in the property.

2. The sole relief sought for is consideration of Exhibit P1 in accordance with

law. A statement is filed by the respondent refuting the claims raised by the

petitioner and also pointing out that the trees requested to be cut and removed are

included in the Schedule of Patta. Therefore, petitioner is not entitled to secure the

reliefs as are sought for in Exhibit P1.

3. I have heard learned counsel for petitioner Sri.Vinod Vallikappan, learned

Special Government Pleader Sri.T.P.Sajan and perused the pleadings and materials

on record.

4. Since Exhibit P1 is a statutory application pending before the Authority,

I am of the view that a direction can be issued to consider the same in accordance

with law. Therefore, this writ petition is disposed of directing the respondent to

consider Exhibit P1 application submitted by the petitioner, in accordance with law,

at the earliest, and at any rate, within one month from the date of receipt of a copy

of this judgment. I also make it clear that the direction issued above shall not be

construed as an expression of opinion on the merits of the matter.

Sd/-

                                                 SHAJI P.CHALY

smv                                                   JUDGE





                           APPENDIX OF WP(C) 40056/2022

RESPONDENT ANNEXURES
Annexure R1(a)       True copy of patta no LA(P) 2256 issued by
                     the Special Tahsildar Land Assignment
                     Thrissur
PETITIONER EXHIBITS
Exhibit P1           THE TRUE COPY OF APPLICATION SUBMITTED BY THE
                     PETITIONER TO THE RESPONDENT UNDER THE
                     PRESERVATION OF TREES ACT DATED 1.9.2022
                     ALONG WITH TYPED COPY.