Allowed

Jopu John v. Divisional Forest Officer

Kerala HC26 Jul 2024WP(C)/37623/2023

Case brief

AI extract

What is this about?

A small holder's Form No.1 declaration to cut teak trees from his non-forest land was rejected by the Divisional Forest Officer citing possible vesting under the Kerala Private Forests (Vesting and Assignment) Act and Kerala Land Reforms Act. The High Court set aside the order as no such vesting notification existed, and directed grant of permission.

What did the court decide?

Ext.P18 rejection order set aside; respondent directed to grant permission to cut and remove teak trees as requested.

Jopu John Vs Divisional Forest Officer — Environment and Pollution | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 26^TH DAY OF JULY 2024 / 4TH SRAVANA, 1946 WP(C) NO. 37623 OF 2023

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PETITIONER:

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JOPU JOHN AGED 48 YEARS, S/O. JOHN, THARAPPEL HOUSE, KARUVARAKUNDU, ARIMANNAL P.O, MALAPPURAM DISTRICT, PIN – 676523

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BY ADVS. M.P.MADHAVANKUTTY R.REMA MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA

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RESPONDENTS:

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1 DIVISIONAL FOREST OFFICER NILAMBUR SOUTH DIVISION, MANALODY, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329

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2 RANGE FOREST OFFICER KALIKAVU RANGE, VANDOOR, NILAMBUR SOUTH DIVISION, MALAPPURAM DISTRICT, PIN - 679328

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T.P. SAJAN, SPL. G.P. (FOREST)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 37623/2023

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..2..

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J U D G M E N T

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The petitioner, who is the absolute owner in possession of an extent of 0.6655 hectares of land situated in Resurvey No.138/4 in Block No.156 in Kerala Estate Village, Malappuram District, submitted Ext.P3 application before the respondent No.2 on 30/09/2021 under the Kerala Promotion of Tree Growth Act, 2005, seeking permission for cutting teak wood trees from his property. The application was in Form No.1, which is a declaration prescribed under Rule 3 of the Kerala Promotion of Tree Growth in NonForest Area Rules, 2011. In response to Ext.P3 application, the respondent No.2 inspected the property of the petitioner, measured the trees standing therein and prepared a copy of the list of trees, which is marked as Ext.P6. Thereafter, the respondent No.1 passed Ext.P18 order rejecting Ext.P3 application. It is challenging Ext.P18 order, this writ petition has been preferred.

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I have heard Sri.M.P.Madhavankutty, the learned counsel appearing for the petitioner and Sri.T.P.Sajan, the learned Special Government Pleader (Forest).

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Section 6 of the Kerala Promotion of Tree Growth in Non-Forest

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Areas Act, 2005 deals with the right of owners to cut and remove trees in

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W.P.(C) No. 37623/2023

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..3..

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non-notified areas in non forest land. Sub-section (3) of Section 6 says that “the Government may, with a view to preserving tree growth in the interest of protecting the ecology or in public interest by notification in the Gazette direct that no tree standing in any area of non-forest land specified in the notification shall be cut, uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property or is wind fallen”. The first proviso to the said sub-section says that “small holders in the area are free to cut and remove any tree except the specified trees”. The second proviso says that “the small holders in the area may cut and remove any specified tree other than sandalwood only with the prior permission in writing of the Authorised Officer”. The “small holder” has been defined under Section 2 (db) of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, which says that “ 'small holder' means the owner of a non-forest land not exceeding one hectare in extent as on the date of coming into force of the Kerala Promotion of Tree Growth in Non-Forest Areas (Amendment) Act, 2007”. It is not in dispute that the petitioner is a small holder.

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The respondent No.1 rejected Ext.P3 application as per Ext.P18 order on the ground that the larger property comprising the property belonging to the petitioner should have been vested in the Government as a private forest as per the provisions of the Kerala Private Forests (Vesting and

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W.P.(C) No. 37623/2023

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..4..

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Assignment) Act, 1971 and also as per the provisions of the Kerala Land Reforms Act. Ext.P18 order would show that the respondent No.1 has unnecessarily gone into the title of the petitioner over the property. The documents produced by the petitioner show that he is the title holder in possession of the property in question. Admittedly, no notification has been passed by the Government vesting the property under the provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971. There is also nothing on record to show that the property has been vested in the Government as per the Kerala Land Reforms Act, 1963. Therefore, the respondent No.1 was not at all justified in denying the permission sought for on the ground that the property should have been vested in the Government as per the provisions of Kerala Land Reforms Act and the Kerala Private Forests (Vesting and Assignment) Act, 1971. Hence, Ext.P18 order is set aside. The respondent No.1 is directed to grant permission to the petitioner to cut and remove teak wood trees from his property as requested in Ext.P3 application in accordance with law.

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The writ petition is allowed as above.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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W.P.(C) No. 37623/2023

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..5..

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APPENDIX OF WP(C) 37623/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE SALE DEED DATED 10.08.1994 BEARING NO. 2636 EXECUTED BY THE PREDECESSOR IN INTEREST OF THE PETITIONER NAMELY MR. DEVASSIA IN FAVOUR OF THE PETITIONER HEREIN BEFORE THE SUB REGISTRAR'S OFFICE, NILAMBU
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICE, KERALA ESTATE BEARING NO. 873/2021 DATED 17-11-2021 TO THE PETITIONER
EXHIBIT P3	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30-09-2021
EXHIBIT P4	TRUE COPY OF THE TAX RECEIPT BEARING THANDAPPER NO. 1146 DATED 28-04-2021
EXHIBIT P5	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07-09-2021 BEARING NO. 58813396
EXHIBIT P6	TRUE COPY OF THE LIST OF TREES PREPARED BY THE 2ND RESPONDENT IN THE PROPERTY HAVING AN EXTENT OF 0.6655 HECTARES IN RESURVEY NO. 138/4 IN BLOCK NO. 156
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 20-10-2021 BEARING NO. C1-1926/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
EXHIBIT P8	TRUE COPY OF THE APPEAL DATED 17-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P9	TRUE COPY OF THE NOTICE NO. C1-7643/2021 DATED 14-01-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT P10	TRUE COPY OF THE RELEVANT PORTION OF G.O.(P) NO. 116/2012 (F AND WLD) DATED 07-12-2012
	KERALA RIGHT TO SERVICES ACT HAS BEEN IMPLEMENTED IN FOREST AND WILD LIFE DEPARTMENT
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 17-05-2022 BEARING NO. C1-7643/2021 PASSED BY THE 1ST RESPONDENT
EXHIBIT P12	TRUE COPY OF THE CERTIFICATE DATED 05-09-2022 BEARING NO. 515/2022 ISSUED BY THE VILLAGE OFFICER, KERALA ESTATE
EXHIBIT P13	TRUE COPY OF THE PARTITION DEED OF THE YEAR 1989 BEARING NO. 1349 DATED 21-04-1989

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W.P.(C) No. 37623/2023

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..6..

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EXHIBIT P14	TRUE COPY O NO. 4500 OF	F THE PU 1976 DA	RCHASE CERTIFICATE BEARING TED 05-05-1977
EXHIBIT P15	TRUE COPY O	F THE RE	PORT DATED 24-03-2012
EXHIBIT P16	TRUE COPY O	F THE RE	PORT DATED 03-05-2013
EXHIBIT P17	TRUE COPY	OF THE	JUDGMENT IN W.P.(C) NO.
	28104/2022 HIGH COURT	DATED 1	1-04-2023 BY THE HON'BLE
EXHIBIT P18	TRUE COPY BEARING NO. RESPONDENT	OF THE C1-764	ORDER DATED 05-07-2023 3/2021 PASSED BY THE 1ST
EXHIBIT P19	TRUE COPY COURT CASE 10-2023 BEF	OF THE BEARING ORE THIS	JUDGMENT IN CONTEMPT OF NO. 1721 OF 2023 DATED 31- HON'BLE COURT
EXHIBIT P20	A TRUE COPY	OF THE	JUDGMENT DATED 11-12-2018
EXHIBIT P21	TRUE COPY	OF THE	REPORT SUBMITTED BY THE
	DISTRICT C	OLLECTOR	, MALAPPRAM TO THE LAND
	REVENUE COM	MISSIONE	R DATED 08-11-2011

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RESPONDENT ANNEXURES

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ANNEXURE	R1(a) TRUE COPY OF	THE	DOCUMENT NO 834/1956 IN THE
	OFFICE OF THE	REGI	STRAR OF CALICUT
ANNEXURE	R1(b) TRUE COPY COMMISSIONER COPY	OF DATED	REPORT OF LAND REVENUE 24.3.2012 ALONG WITH TYPED
ANNEXURE	R1(c) TRUE COPY COMMISSIONER	OF DATED	REPORT OF LAND REVENUE 15.4.2013

Jopu John v. Divisional Forest Officer

Case brief

What is this about?

What did the court decide?

Jopu John v. Divisional Forest Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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