SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the owners of a private property cutting trees from his own property could be prosecuted, is the question to be settled in this petition.

(2.) O.R. No. 19/2009 of Pariyaram forest range was registered under Annexure-A occurrence report in Form No. 1, under Sections 69, 61A, 63 and 52 of Kerala Forest Act, 1961 against the petitioners on the allegation that seven live teak trees and two dry teak trees standing in the private property of petitioners 4 to 8 were cut and made into pieces and transported in KL-06A 5157 mini lorry. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A report contending that when the trees were admittedly standing in the private properties of the petitioners 4 to 8, and were not cut from any forest land, Kerala Forest Act is not attracted and therefore, petitioners cannot be prosecuted for the offences under Sections 52, 61A, 63 and on that sole ground the occurrence report is to be quashed. It is also contended that cutting of teak trees from private property is not an offence under The Kerala Forest (Prohibition of Selling of Trees Standing on Land Temporarily or Permanently Assigned) Rules 1995 or under the Kerala Preservation of Trees Act, 1986 and as there is no prohibition for cutting teak trees from the compound of any residential building and as the trees were cut from the private properties of petitioners 4 to 8 the proceedings is to be quashed.

(3.) Learned Counsel appearing for the petitioners and learned Public Prosecutor were heard.