Sainulabdheen M vs The Revenue Divisional Officer
2023 Latest Caselaw 11228 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. 35290 OF 2023
PETITIONER:

          SAINULABDHEEN M., AGED 75 YEARS
          S/O MUHAMAD HANEEFA, JASMIN MANZIL, KULATHUPUZHA P.O,
          NELLIMOODU WARD, KOLLAM DISTRICT., PIN - 691310

          BY ADV ALEXANDER GEORGE



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          CIVIL STATION, PUNALUR, KOLLAM DISTRICT - 691331

    2     THE TAHASILDAR, CIVIL STATION, TALUK OFFICE,
          PUNALUR,KOLLAM, PIN - 691331

    3     VILLAGE OFFICER, THINKAL KARIKKOM OFFICE,
          THINKALKARIKKOM P.O, KULATHUPUZHA,
          KOLLAM DISTRICT, PIN - 691310

          SRI. SUNIL K.KURIAKOSE, 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. 35290 OF 2023
                                      2


                                  JUDGMENT

Smt.Athira Ramesh - learned counsel for the petitioner,

vehemently pleaded that the respondents be directed to permit

his client to cut and remove the trees standing in his property,

because he is facing extreme financial and medical crisis, not

only for himself but for his entire family. She pointed out that

the petitioner is a senior citizen, facing multiple medical

emergencies; and that this is exacerbated by the fact that his

elder daughter is undergoing psychiatric treatment, with 40%

physical disability; while his son has 75% permanent disability.

She further explained that the petitioner's son is suffering from

Autism and that his wife also requires amounts for her

rheumatic treatment, coupled with the educational

requirements of his grand daughter, who is staying with them.

She says that, therefore, unless the respondents accede to his

client's request, which has been made in Ext.P10

representation, he and his family will be put in peril and even

ruined.

2. Sri.Sunil Kumar Kuriakose - learned Government

Pleader, in response, submitted that normally, the trees

standing in the property of the petitioner cannot be allowed to WP(C) NO. 35290 OF 2023

cut because, they are reserved trees, under the "pattayam"; but

that, taking note of the petitioner's specific grievances, the

Authorities are willing to consider Ext.P10 and decide whether

any relaxation can be offered, however, subject to such terms as

may be found imperative. He, however, prayed 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. When I evaluate the afore rival submissions, I notice

that the petitioner has approached this Court citing extreme

issues for him and his family - both on the financial and medical

realm. He has applied for cutting and removing "Anjili" trees in

the property covered by a "Pattayam", to take care of the afore

issues; and obviously, therefore, this merits consideration by the

competent Authority, though this may not be misinterpreted by

anyone to say that this Court has declared anything

affirmatively.

4. In the afore circumstances, I allow this writ petition and

direct the second respondent, or such other competent

Authority, to take up Ext.P10 representation of the petitioner

and dispose of the same, after affording him an opportunity of

being heard and after empathetically evaluating the WP(C) NO. 35290 OF 2023

predicament he has narrated in this writ petition; thus

culminating in an appropriate order and necessary action

thereon, within a period of two weeks from the date of receipt of

a copy of this judgment.

I reiteratingly clarify that though this Court has not

entered into the merits of any other contentions of the

petitioner, his request will be considered with necessary

empathy, taking note of the stated position of his family.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 35290 OF 2023

APPENDIX OF WP(C) 35290/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.128/1990 OF PUNALUR SRO DATED 19.2.1990

Exhibit P2 THE TRUE TYPED COPY OF THE ASSIGNMENT ORDER ISSUED BY THE SECOND RESPONDENT TAHASILDAR DATED 4.12.2018

Exhibit P3 THE TRUE COPY OF THE PATTAYAM LAC NO.476/2018/TKM DATED 13.12.2018

Exhibit P4 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL PUNALUR DATED 28.9.2022

Exhibit P5 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE ASSESSMENT BOARD OF A.A. RAHIM MEMORIAL HOSPITAL, KOLLAM DATED 29.5.2015

Exhibit P6 THE TRUE COPY OF TAX RECEIPT ISSUED BY THE VILLAGE THINKALKARIKKOM DATED 22.8.2022

Exhibit P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 17.12.2020

Exhibit P8 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT ON 28.12022

Exhibit P9 THE TRUE COPY OF THE REPORT SUBMITTED BY THE THIRD RESPONDENT DATED 18.2.2022

Exhibit P10 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 29.6.2023

Exhibit P11 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE REVENUE MINISTER 9.3.2023 WP(C) NO. 35290 OF 2023

Exhibit P12 THE TRUE COPY OF THE FORWARDING LETTER DATED 27.3.2023

Exhibit P13 THE TRUE COPY OF THE FORWARDING LETTER ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT ON 18.5.2023

Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE REVENUE DEPARTMENT ON U3/187/2019/REVENUE ON 11.3.2020

Exhibit P15 THE TRUE COPY OF THE G.O. (MS) NO.

261/2020/REV. DATED 24.10.2020