LAWS(KER)-2010-9-79

STATE OF KERALA Vs. VARKEY

Decided On September 16, 2010
STATE OF KERALA Appellant
V/S
VARKEY Respondents

JUDGEMENT

(1.) This Writ Appeal is filed by the State against the judgment of the learned Single Judge holding that cutting of trees by the Kerala Plantation Corporation from their properties is not covered by Annexure-R2(c) notification issued by the Government on 10.2.2010 regulating cutting of trees on lands at the disposal of the Government as an interim measure till the proposed amendment to the "Kerala (Promotion of Tree Growth in Non Forest Areas) Act" is passed and the Rules notified thereunder.

(2.) We have heard learned Additional Advocate General appearing for Appellants and learned standing counsel appearing for the Plantation Corporation of Kerala Ltd. and the counsel appearing for the contractor to whom the Plantation Corporation sold the trees from the land involved i.e. in Kasargod district.

(3.) Appellants case is that being a public sector company under the control of the State Government, the Plantation Corporation ought to have obtained permission from the Committee constituted under the above notification before sale of the trees to the contractor. When the Forest Official declined permission for transport of the timber cut from the Plantation Corporation's property without obtaining permission, the contractor filed the Writ Petition contending that notification is not applicable to the Kerala Plantation Corporation. The Kerala Plantation Corporation seems to have supported the contention of the contractor before the learned Single Judge who allowed the Writ Petition holding that permission is required in terms of notification only if trees to be cut are from lands at the disposal of the Government which does not include the Corporation's properties.