The High Court held that protecting the trees on land with a patta under Special Rules is strictly binding. The court found the produced patta incomplete regarding conditions, making quashing of prosecution impermissible. Both petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934
Crl.MC.No. 3024 of 2012 ()
(AGAINST THE OR.NO.6/12 (FST OR.NO.14/2012) OF THE RANGE FOREST OFFICER, KALIYAR RANGE, IDUKKI DISTRICT)
PETITIONERS/ACCUSED:
1. MATHEW.K.THOMAS, AGED 46 YEARS, S/O.THOMAS, KALLARACKAL, VANNAPURAM, THODUPUZHA.
2. WILSON,
3. M.K.THANKACHAN,AGED 52 YEARS,
BY ADV. SRI.T.RAJASEKHARAN NAIR
RESPONDENT/COMPLAINANT.:
1. RANGE FOREST OFFICER,
2. STATE OF KERALA,
R1 & R2 BY PUBLIC PROSECUTOR SMT.R.REMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRMC.NO.3024/2012
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX A1 | COPY OF THE O.R.NO.6/2012 WITH SEIZER MAHAZER, REGISTERED BY THE 1ST RESPONDENT. |
|---|---|
| ANNEX A2 | COPY OF THE LOCATION PLAN PROPARED BY THE VILLAGE OFFICER, VANNAPURAM |
| ANNEX A3 | COPY OF THE SALE DEED OBTAINED BY THE 1ST PETITIONER'S WIFE |
|---|---|
| SMT.BETTY IN RESPECT OF THE PROPERTY HAVING SURVEY NO.128/1 | |
| AND 128/3 IN VANNAPURAM VILLAGE |
| ANNEX A4 COPY OF THE TAX RECEIPT FOR THE PRESENT YEAR ISSUED BY THE |
|---|
| VANNAPURAM VILLAGE OFFICER IN FAVOUR OF SMT.BETTY |
| ANNEX A5 | COPY OF THE PATTA ISSUED BY THE SEPCIAL TAHASILDAR, LAND |
|---|---|
| ASSIGNMENT, KARIMANNOOR IN FAVOUR OF SRI.T.S.RAJAN |
ANNEX A6 COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
S.S.SATHEESACHANDRAN, J.
-----------------------------------------------
Crl.M.C.No No.3024 of 2012
----------------------------------------------Dated this the 15th day of October, 2012
O R D E R
Petitioners are the accused in a case registered by
the Range Officer, Kaliyar Range. The allegation is that petitioners have cut and removed some jack trees, numbering seven, from a property in respect of which patta had been issued to the occupier, under the provisions of the Kerala Land Assignment {Regularisation of Occupations of Forest Lands Prior to 1.1.1977) Special Rules, 1993 {for short “ the Special Rules ”}. Petitioners, producing a copy of the Amendment Act to the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and also a copy of the patta, Annexure 5, contend that the proceedings initiated by the Forest Authorities against them over the cutting of the trees are not sanctioned by law, and as such proceedings are liable to be quashed invoking the inherent
Crl.M.C.No.3024 of 2012
jurisdiction of this court under Section 482 of the Code of Criminal Procedure {for short 'the Code'}.
submits that patta over the land having been given under the provisions of the Special Rules referred to above, the conditions imposed thereof as provided under the Rules are strictly applicable, and as such, cutting down of the trees, that too without obtaining prior permission from the forest authorities, would invite prosecution proceedings, and that alone was done by registering Annexure A report in the case over the cutting of the trees.
produced by the petitioners, it is seen that the occupier of the land, who is stated to be the vendor who sold the property under Annexure A3 to the wife of the 1st petitioner, had been granted patta over the land, subject to the conditions applicable under the Special Rules. Perusing Annexure V, it is seen only a part of the certificate issuing patta has been produced.
Crl.M.C.No.3024 of 2012
:: 3 ::
Conditions applicable for issue of such patta, which form part of
it, are not seen in the photo copy produced as Annexure V.
the Special Rules referred to above, it follows that the provisions of such Rules imposing restrictions over the cutting of trees over the land are strictly applicable. Invoking of inherent powers to quash the proceedings in such circumstances is impermissible.
Petitions dismissed.
Sd/- (S.S.SATHEESACHANDRAN) JUDGE
sk/-
//true copy//
2 issues framed by the court
Whether proceedings initiated by Forest Authorities for cutting jack trees on land covered by a patta under the Special Rules can be quashed under Section 482 CrPC.
Whether the inherent jurisdiction of the High Court to quash criminal proceedings applies when the patta was issued subject to conditions regarding forest produce.
2 provisions across 2 enactments
Mathew.K.Thomas and Others
Range Forest Officer, Kaliyar District
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
