RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the criminal proceedings initiated by the Forest Range Officer, Kumily, as OR No.29/2013, alleging offences punishable under the Kerala (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995 (hereinafter referred to as 'Rules, 1995').

(2.) Petitioner claims to be in possession of 0.2934 hectares of land in Survey No.222 of Kumily Village in Peermade Taluk, Idukki District, which is alleged to have been obtained by him as per a settlement deed No.3700[1]/2011 of Sub Registry Office, Peermade. Petitioner claims to have obtained permission from the Tahsildar, Peermade, on 21/5/2013 to cut and remove two Rosewood trees from the property situated in Survey No.222 of Kumily Village in Peermade Taluk. Based upon the permission so granted, petitioner cut the Rosewood trees standing on his land, and while the same was being transported, the 2nd respondent intercepted them and initiated criminal proceedings on 11/7/2013.

(3.) Petitioner contends that no offence as alleged under the Rules 1995 arises, since the trees standing on his absolute property, allegedly assigned to his predecessors, had never been reserved. It was also contended that even otherwise, petitioner had the authority and permission to cut and remove the Rosewood trees standing on his property, as is evident from Annexure II. It is the further case of the petitioner that the aforementioned Rules do not apply to the petitioner and that the prosecution has been initiated, ignoring the dictum laid down by this Court in Augustine Mathew & Another vs. State of Kerala [2009 (3) KHC 179].