THOMAS PHILIP Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) The petitioner is before this Court seeking to quash Ext.P7 and to allow Ext.P2 application made by the petitioner taking note of the provisions of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005.

(2.) The petitioner states that ownership of 205.80 Acres of plantation land in Survey No.469 and another extent of 17.15 Acres of plantation land in Survey No.467 in Manjumala Village, Peermade Taluk in Idukki District, was purchased by petitioner's father on the basis of grant made by the Travancore Government, on 25.02.1923. The ownership of the land in question was purchased by the petitioner's father paying British Rs.7,728.12 as per Ext.P1 title deed dated 14.08.1941.

(3.) The petitioner's father planted several trees and made valuable improvements in the property. The petitioner made an application dated 06.04.2006 to the 1st respondentForest Range Officer seeking NOC for felling 104 rosewood trees and 40 teak wood trees from the property. And by Ext.P3, the 1st respondent-Forest Range Officer informed the petitioner that NOC cannot be granted in view of the fifth condition of Ext.P1 title deed to the effect that the full right over all the trees in the properties mentioned in Ext.P1 are fully vested with the Government.