V.S.JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this writ petition is against Exhibit P6 order by which the Government, in exercise of the power under Sub-section (1) of Section 5 of the Kerala Preservation of Trees Act, 1986 (for short, 'the Trees Act') directed that no tree standing in 0.67 acres of land belonging to the petitioner, situated in Re-Survey No.676/pt in Irulam Village (old Poothadi Village) Wayanad District shall be cut, uprooted, burnt or otherwise destroyed except on the ground that (a) the tree constitutes a danger to life or property; or (b) the tree is dead, diseased or wind-fallen. The events leading up to the issuance of Exhibit P6, as narrated in the writ petition are as follows:

(2.) Heard Sri.V.V.Surendran, learned counsel for the petitioner and Sri.Sandesh Raja, the learned Special Government Pleader.

(3.) The learned counsel for the petitioner assails Exhibit P6 notification mainly on the ground that, in view of the declaration in Exhibit P4 of the 67 cents being not vested forest, the petitioner cannot be prevented from enjoying his property by the publication of a notification under Section 5(1) ) of the Trees Act. The learned counsel also alleges mala fides on the part of the officials in having issued Exhibit P6 notification. It is contended that Exhibit P6 was issued to circumvent the declaration in Exhibit P3 order, which would be clear from the fact that other than the 67 cents, no other adjoining property has been brought under the purview of Exhibit P6 notification.