JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers:-

(2.) Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

(3.) The petitioner is the owner of 28.32 ares of property in Neriamangalam Village, which was purchased by Ext.P1 sale deed. The property was part of a larger extent of property comprised in Survey Nos.495/1, 398/246 and 1398/247 of Neriamangalam Village. The said property was assigned by Ext.P3 patta dated 9.1.1963 to one Mundan Kannan. It is stated that Ext.P5 Mahazar prepared while handing over the property on the basis of Ext.P3 Patta would show that there were no teak trees standing on the property at the time of assignment. It is submitted that after purchasing of the property by Ext.P1 the petitioner has planted trees in the property and that there are two old teak trees in the property having more than 60 inch girth. It is submitted that the petitioner had submitted an application for cutting the said trees under Section 6 of the Kerala Promotion of Tree Growth in Non Forest Areas Act, 2005 (hereinafter referred to as "2005 Act") on the basis of his title over the land in question. However, the request of the petitioner had been rejected relying on the condition contained in the Patta.