K P PRABHAKAR Vs. DEPUTY CONSERVATOR OF FOREST

JUDGEMENT

(1.) THIS appeal arises from and is directed against the order dated 14-2-2007 in W. P. 18979-82/03 dismissing the writ petitions as without merit.

(2.) THE petitioners-appellants claiming to be the owners of the coffee plantations which are fully assessed to revenue sought permission of the respondents to cut and remove the standing trees in the plantation as they were providing excess shade which is not conductive for the coffee plants. The respondents permitted them to cut the standing trees but when permission was sought for removing the cut logs, the respondents demanded payment of seigniorage. The petitioners being aggrieved by the said demand filed the writ petitions seeking for a declaration that the respondent has no manner of right to claim the value of trees and for a direction to the first respondent to issue transport pass to transport the tree logs cut from the coffee plantation of which the petitioners are the occupants. The learned single Judge on hearing the petitioners and the respondents dismissed the writ petition. Being aggrieved the petitioners are before us in this appeal.

(3.) WE heard the learned counsel on both sides.