P.A Abraham vs State Of Kerala
2023 Latest Caselaw 2967 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 6918 OF 2023

PETITIONER:

             P.A. ABRAHAM,
             AGED 59 YEARS,
             S/O. A.I. ABRAHAM, PULIMUTTIL HOUSE,
             THIRUNELLI, WAYANAD, PIN - 670 646.

             BY ADVS.
             S.SREEDEV
             RONY JOSE
             ENOCH DAVID SIMON JOEL
             LEO LUKOSE
             KAROL MATHEWS SEBASTIAN ALENCHERRY
             DERICK MATHAI SAJI


RESPONDENTS:

    1        STATE OF KERALA,
             REPRESENTED BY THE SECRETARY,
             DEPARTMENT OF FOREST AND WILDLIFE,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2        RANGE FOREST OFFICER,
             BEGUR RANGE OFFICE, MANATHAVADI,
             WAYANAD, PIN - 670 646.

    3        DEPUTY RANGE OFFICER,
             DEPUTY RANGE FOREST OFFICER,
             THIRUNELLI FOREST STATION,
             THIRUNELLI P.O, WAYANAD, PIN - 670 646.

    4        VILLAGE OFFICER,
             THIRUNELLI VILLAGE OFFICE,
             THIRUNELLI P.O., WAYANAD, PIN - 670 646.

             SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER (FOREST)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.6918 of 2023
                                        :2:

                               SHAJI P. CHALY, J.
                  -------------------------------------------------
                          W.P.(C).No.6918 of 2023
                  --------------------------------------------------
                 Dated this the 13th day of March, 2023

                                    JUDGMENT

Petitioner is the absolute owner of an extent of 4.1158 Hectares of

property in Re-Survey Nos. 320/4 and 320/5 of Mananthavady Taluk,

Wayanad District.

2. According to the petitioner, the property is cultivated with coffee

and is duly registered with the Coffee Board of India as a coffee plantation.

It is further submitted that in a coffee plantation, for the purpose of

regulating the temperature and for providing shade, trees are grown within

the plantation. Even though the life span of coffee plants can range from

40 to 100 years, the trees which are grown for the purpose of shade do not

have such a long life span and occasionally, the old trees have to be cut

and removed. In order to cut and remove the trees, petitioner has

submitted Ext.P1 Application before the Range Forest Officer,

Mananthavady -- the 2nd respondent. From the records produced by the

petitioner along with the writ petition, it is clear and evident that the

application was being processed and the 2nd respondent has actually

recommended to cut and remove 164 trees. In Ext.P4 issued by the Deputy

Range Forest Officer dated 26.12.2022, an endorsement is made to the

effect that the terrain of the area where the trees are standing is to be

considered, and for that purpose, an appropriate report shall be produced

by the petitioner from the Village Officer concerned. It is thus seeking

appropriate directions, the writ petition is filed. W.P.(C).No.6918 of 2023

3. I have heard learned the learned counsel for the petitioner,

Sri.Rony Jose and the learned Special Government Pleader for Forest,

Sri. T.P.Sajan, and perused the pleadings and materials on record.

4. Learned Special Government Pleader for Forest submitted that

the property in question is not a reserved forest nor the trees are reserved

in favour of the Government. However, a decision is to be taken in Ext.P1

application also taking into account the terrain conditions wherein the

trees are standing. In my considered opinion, when a statutory application

is received by the Range Forest Officer, if any report is to be secured from

any Village Officer in order to identify the nature of property, it is for the

Range Forest Officer to call for such a report. It is also evident that the

application was considered and a portion of the trees were recommended

to be cut and removed. However, according to the learned counsel for the

petitioner, unless the trees are permitted to be cut and removed, it will be

detrimental for the coffee plantation; and the same will have to be done at

the earliest and before the next monsoon. In that view of the matter, there

will be a direction to the 2nd respondent to finalize Ext.P1 application,

taking into consideration Ext.P4 report, at the earliest, at any rate within

three weeks from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY, JUDGE

ak W.P.(C).No.6918 of 2023

APPENDIX OF WP(C) 6918/2023

PETITIONER'S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 13.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P2                  A   TRUE  COPY   OF  THE  REPORT   DATED
                            21.12.2022, ISSUED BY THE SENIOR LAISON
                            OFFICER, COFFEE BOARD, MANANTHAVADY, TO
                            THE PETITIONER.

Exhibit P3                  A TRUE COPY OF THE REPORT NO. 35/2022 AND
                            DATED 24.12.2022 SUBMITTED BY THE 4TH
                            RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P4                  A   TRUE   COPY   OF  THE  REPORT   NO:
                            TNFS/CP13/22    AND  DATED   26.12.2022
                            SUBMITTED BY THE 3RD RESPONDENT TO THE
                            2ND RESPONDENT.

Exhibit P5                  A   TRUE   COPY   OF THE   ORDER   DATED
                            B2/1238/2022 DATED 10.01.2023 ISSUED BY
                            THE 2ND RESPONDENT.