STATE OF KERALA Vs. JAYAKUMAR

JUDGEMENT

(1.) The instant appeal challenges the judgment and final order dtd. 13/5/2022 passed by the learned Single Bench of the Kerala High Court at Ernakulam whereby the CRL M. C. No. 1618 of 2022 filed by the respondent was allowed and the proceedings of the O.R. No. 3 of 2021 registered against the respondent at the Vairamony Forest Station for offence punishable under Rule-4 of the Kerala Forest (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995 (hereinafter being referred as 'Rules of 1995 ') were quashed.

(2.) Shri Harshad V. Hameed, learned counsel representing the appellant drew the Court 's attention to Rule-3 of the Rules of 1995, which reads as below: -

(3.) With reference to the above statutory provisions, Shri Hameed submitted that admittedly the respondent had cut the Anjily trees falling within the category of inferior species as defined in Rule-5 of the Rules of 1975 from the forest land assigned to his father. He urged that there was a specific condition No. 1 in the assignment order (patta) whereby, the land was assigned to the father of the respondent, which prohibited cutting of any tree standing at the time of assignment of the land or the trees which may grow in the land after the assignment. He contended that the view taken by the High Court that trees standing on the land had also been assigned to the respondent 's father who became the owner of these trees, is manifestly flawed in view of the clear language of the assignment order (patta) and the statutory rules.