Shyla Jose Vs Divisional Forest Officer — Kerala HC (2025) — LawSathi Research

Shyla Jose Vs Divisional Forest Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) 1st respondent to consider and pass orders on Ext.P4 after hearing the petitioner within one month of receipt of the application; (ii) 2nd respondent to forward Ext.P4 to the 1st respondent within 10 days of receipt of a copy of the judgment; (iii) petitioner to produce copy of the writ petition, title deed, location sketch and certified copy of the judgment before the 1st respondent.

Issue for consideration

Whether the petitioner is entitled to permission to cut and remove old rubber trees in her property for replanting with fresh rubber saplings, and what directions should issue on the rejected Ext.P4 application, given that the properties reportedly share a boundary with forest.

Court's answer

The writ petition is disposed of directing the 1st respondent (Divisional Forest Officer, Palakkad) to consider and pass orders on Ext.P4 after hearing the petitioner, at the earliest, and in any event within one month from the date of receipt of the Ext.P4 application.

Ratio / Principle

The 2nd respondent (Range Officer, Olavakkode) shall forward the Ext.P4 application to the 1st respondent within 10 days from the date of receipt of a copy of the judgment.

Key takeaways

The petitioner shall produce a copy of the writ petition, the title deed and the location sketch, along with a certified copy of this judgment, before the 1st respondent for necessary compliance (following the Special Government Pleader's instruction that title deed and location sketch be produced since the properties share a boundary with forest).ratio¶¶34

Detailed headnote1 paragraphs

Writ Petition (Civil) No. 12953 of 2025 (High Court of Kerala, Ernakulam; T.R. Ravi, J.; decided 08.04.2025): The petitioner sought permission to cut and remove old rubber trees for replanting with fresh rubber saplings; her Ext.P4 application to the Range Officer, Olavakkode (2nd respondent) was rejected. The Special Government Pleader submitted that the petitioner should produce the title deed and location sketch as the properties allegedly share a boundary with forest. Disposing of the petition, the Court directed the Divisional Forest Officer, Palakkad (1st respondent) to consider and pass orders on Ext.P4 after hearing the petitioner within one month, directed the 2nd respondent to forward Ext.P4 to the 1st respondent within 10 days, and required the petitioner to produce the writ petition copy, title deed, location sketch and a certified copy of the judgment. No statute or precedent was adjudicated upon.

WP(C) NO. 12953 OF 2025

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2025:KER:30220

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE T.R.RAVI

TUESDAY, THE 8^TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

WP(C) NO. 12953 OF 2025

PETITIONER:

SHYLA JOSE AGED 58 YEARS DAUGHTER OF ANTONY, KANDAMANGALATH HOUSE, MELEPURAM, OLAVAKKODE, PALAKKAD, PIN - 678002

BY ADVS. AUGUSTINE JOSEPH GEORGE RENOY ARJUN REMANAN

RESPONDENTS:

1 DIVISIONAL FOREST OFFICER PALAKKAD FOREST DIVISION OFFICE, KALLEKULANGARA, PALAKKAD, PIN - 678009

2 RANGE OFFICER OLAVAKKODE FOREST RANGE OFFICE, OLAVAKKODE, PALAKKAD, PIN – 678002

WP(C) NO. 12953 OF 2025

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2025:KER:30220

3 SECTION FOREST OFFICER MUNDOOR FOREST SECTION, MUNDOOR, PALAKKAD, PIN - 678592

SRI. SANGEETH C.U, SPL.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12953 OF 2025

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2025:KER:30220

T.R. RAVI, J.

W.P.(C) No.12953 of 2025

Dated this the 8^th day of April, 2025

JUDGMENT

The petitioner has sought for permission to cut and remove old rubber trees for the purpose of replanting with fresh rubber saplings in the property. Petitioner has preferred Ext.P4 application before the 2^nd respondent and the 2^nd respondent rejected the same.

The Special Government Pleader on instructions submitted that the petitioner may be directed to produce the title deed and the location sketch since it is stated that the properties share boundary with forest.

In the above circumstances, this writ petition is disposed of directing the 1^st respondent to consider and pass orders on Ext.P4, after hearing the petitioner, at the earliest, at any rate within one month from the date of receipt of Ext.P4 application. The 2^nd respondent shall forward Ext.P4 application to the 1^st respondent within 10 days from the date of receipt of a copy of

2025:KER:30220

WP(C) NO. 12953 OF 2025

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this judgment. The petitioner shall produce a copy of the writ petition, title deed and the location sketch along with a certified copy of this judgment before the 1^st respondent for necessary compliance.

Sd/-

T.R. RAVI

JUDGE

Pn

2025:KER:30220

WP(C) NO. 12953 OF 2025

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APPENDIX OF WP(C) 12953/2025

PETITIONER'S EXHIBITS

Exhibit.P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.2.2025 FROM THE VILLAGE OFFICE ISSUED TO THE PETITIONER.

Exhibit.P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.2.2025 FROM THE VILLAGE OFFICE,

Exhibit.P3 TRUE COPY OF THE CERTIFICATE FROM THE 1ST RESPONDENT DATED 18.3.2020

Exhibit.P4 TRUE COPY OF THE APPLICATION DATED 19.2.2025 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit.P5 TRUE COPY OF THE LETTER DATED 15.3.2025 FROM THE 2ND RESPONDENT.

Exhibit.P6 TRUE COPY OF THE JUDGMENT DATED 4.3.2021 IN W.P.(C).NO.1829/2021.