MADHUSOODHANAN, SON OF NARAYANAN, AGED 47, SREENIVAS, KOMMERI, NIDUMPOYIL P.O., KANNUR DISTRICT, Vs. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST, KANNUR DIVISION, KANNUR DISTRICT-670001,

JUDGEMENT

(1.) Petitioners 1 and 2 are owners of 0.5422 hectares of land in survey No. 2/C of Kolayad Village, Thalassery Taluk in Kannur district, obtained by them as per Ext.P1 gift deed. That property is situated inside a reserve forest area. Petitioners 1 and 2 entered into a contract with petitioners 3 and 4 for sale of the rubber trees standing in the property. For transporting the timber from the rubber trees, the petitioners have no access to the outer world except through a Forest road, for using which, permission from respondents 1 to 3 is necessary. But the respondents are not permitting the petitioners to use that Forest road. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs:

(2.) I directed the learned Government Pleader to get instructions in the matter. The learned Government Pleader submits that in view of large scale theft of forest trees, the respondents are not in a position to permit the petitioners to use the road, since the petitioners are likely to misuse such permission.

(3.) I have considered the rival contentions in detail.