P. A Abraham vs State Of Kerala
2023 Latest Caselaw 11224 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       WP(C) NO. 35328 OF 2023
PETITIONER:

          P. A ABRAHAM, AGED 59 YEARS
          S/O. A.I ABRAHAM, PULIMUTTIL HOUSE, THIRUNELLI,
          WAYANAD., PIN - 670646

          ENOCH DAVID SIMON JOEL
          RONY JOSE
          S.SREEDEV
          LEO LUKOSE
          KAROL MATHEWS SEBASTIAN ALENCHERRY
          DERICK MATHAI SAJI
          KARAN SCARIA ABRAHAM


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF FOREST AND WILDLIFE GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

    2     DIVISIONAL FOREST OFFICER
          NORTH WAYANAD, MANATHAVADY, WAYANAD., PIN - 670645

    3     RANGE FOREST OFFICER
          BEGUR RANGE OFFICE, MANATHAVADI, WAYANAD, PIN - 670646

    4     DEPUTY RANGE OFFICER
          DEPUTY RANGE FOREST OFFICER, THIRUNELLI FOREST STATION,
          THIRUNELLI P.O, WAYANAD, PIN - 670646

    5     VILLAGE OFFICER, THIRUNELLI VILLAGE OFFICE, THIRUNELLI
          P.O, WAYANAD., PIN - 670646

          SRI. T.P.SAJAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35328 OF 2023
                                   2


                                JUDGMENT

The petitioner says that even though he was given

permission to cut certain old trees standing in his property

dangerously, through Ext.P7 - based on Exts.P3 and P4 reports

of the Village Officer and competent Forest Official, certifying

that the property is not within the notified area and that the

trees are not statutorily specified ones - after he did so,

permission to remove the same has not been granted by the

second respondent. He says that he has, therefore, preferred

Ext.P8 representation before the said respondent and seeks that

he be directed to dispose it of without any avoidable delay.

2. Sri.T.P.Sajan - learned Special Government Pleader for

the Forest Department, responded to the afore submissions of

Sri.Enoch David Simon Joel - learned counsel for the petitioner,

saying that if the petitioner only requires Ext.P8 to be taken up

and disposed of by the second respondent, there does not appear

to be any legal impediment in doing so; however, praying that

this Court may not make any affirmative declarations and leave

it to the said Authority to take an apposite decision, as per law.

3. I must say upfront that when the permission to cut the WP(C) NO. 35328 OF 2023

trees was granted to the petitioner on the strength of Exts.P3

and P4 reports of the Village and Forest Officials, normally, the

permission sought in Ext.P8 cannot be denied, except if there

are compelling reasons. Obviously, this is a matter that the

second respondent will have to consider.

In the afore circumstances, I allow this writ petition,

directing the second respondent to take up Ext.P8

representation and dispose it of, after affording him an

opportunity of being heard; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is

possible, but not later than two weeks from the date of receipt of

a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN

JUDGE stu WP(C) NO. 35328 OF 2023

APPENDIX OF WP(C) 35328/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 13.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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

Exhibit P3 A TRUE COPY OF THE REPORT NO. 35/2022 AND DATED 24.12.2022 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPORT NO: TNFS/CP13/22 AND DATED 26.12.2022 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT .

Exhibit P5 A TRUE COPY OF THE ORDER DATED B2/1238/2022 DATED 10.01.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 13.03.2023 IN W.P(C) NO: 6918 OF 2023 ON THE FILES OF THIS HON'BLE COURT .

Exhibit P7 A TRUE COPY OF THE ORDER NUMBERED AS B.2.1238/2022 AND DATED 05.05.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE LETTER DATED 16.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT