GOPI Vs. TAHSILDAR

JUDGEMENT

(1.) The appellant (petitioner in the original petition) was assigned a piece of land measuring 1 acre and 72 cents. On October 11, 2001 the petitioner submitted an application to the Revenue Divisional Officer for permission to cut and remove a tree after payment of the requisite price. Since this application was not decided the petitioner filed O.P. No. 32404 of 2001. This petition was disposed of with a direction that the competent authority shall decide the matter within six weeks. In pursuance to the direction given by the court the matter was examined by the authority, viz. the second respondent. Vide order dated January 10, 2002 the petitioner's prayer was declined.

(2.) The petitioner challenged the order dated January 10, 2002 passed by the second respondent by filing a petition under Art.226 of the Constitution. This petition was dismissed by the learned Single Judge vide judgment dated October 1, 2002. Hence this appeal.

(3.) Mr. Babu, learned counsel for the appellant contends that in view of the provisions of R.10(3) of the Kerala Land Assignment Rules, 1964 the appellant has a right to pay the value of the tree and to deal with it in the manner he considers it appropriate. The claim has been controverted by Mr. Rahim, the senior Government pleader.