No.56/67 of Periyar village and later, devolved on the petitioner by virtue of partition effected in the family, the copy of the patta is not produced. Going by the averments in the writ petition, it can be seen that the patta in respect of the land was granted in the year 1967, after the enforcement of Kerala Land Assignment Rules, 1964. Having regard to the Girth at Breast Height (GBH) of the tree, the Rosewood tree in question must be 150 years old and definitely be standing in the property at the time of assignment. It is also not in dispute that the tree rotted at its base was posing danger to the petitioner, his family, building and cultivation and the RDO, in exercise of powers under Section 133 of the Cr.P.C, has ordered the tree to be cut and removed for public auction and to remit the amount to the Revenue Department. Since the authorities did not cut the trees, to avert the possible and imminent threat to life, property and cultivation, the petitioner cut the tree at his expense. The petitioner has expended an amount of Rs. 20,000/- for cutting the tree and the timber (4 logs) is under his care and custody ever since. The petitioner requested the
