THOMAS CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Since a common issue is involved in these writ petitions, they have been heard and disposed of by a common judgment.

(2.) The 1st petitioner in WP(C) No.27509 of 2022, is the owner in possession of 2.59 hectares of property in Sy No.639/1 and 639/2, and the 2nd petitioner is the owner in possession of 1.27 hectares of property in Sy.Nos 639/3 and 670/1 of Pangarappilly Village, Thalappilly Taluk, Thrissur District. The reliefs sought in the writ petition are as follows:

(3.) A detailed counter affidavit has been filed by the 2nd respondent in WP(C) No.29418 of 2022, wherein it is contended that taking into consideration the girth of the trees standing in the property it is to be presumed that the trees were in the property even at the time of issuance of the patta and the land in question was a reserve forest which was later assigned to the predecessor in interest of the petitioner in 1970 only. Therefore, the contention of the petitioner that there are no trees in the property at the time of assignment, and the petitioner has not remitted re-value for the trees in the assigned land, cannot be accepted. It is also submitted that the provisions of the Kerala Promotion of Tree Growth in Non Forest Act, 2005 (for short 'the Act, 2005') will not apply to the present case. Actually, the land was a reserve forest, later handed over to the revenue department for assignment for rubber cultivation under special rules for the assignment of Government land, 1960.