ANIL VIDYADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the accused in OR.No.6/2006 of Forest Range Office, Naduvathumuzhy with respect to the offences under Section 27(i)(e)(i)(iii) and (iv) of the Kerala Forest Act on the allegation that they cleared the under-growth in an area of about 400 sq.mtrs. and removed the branches of three trees thereby causing a loss of Rs.1000/- have sought for setting aside the proceedings on the ground that the area from which the above cuttings are effected is not part of the forest and that the same is the portion of the estate owned by M/s.Travancore Foundation. In support, Annexure-II possession certificate dated 29-5- 2006 issued by the Additional Tahsildar, Kozhencherry and Annexure-III, tax reciept issued by the Village Officer, Aruvappulam dated 19-10-2005 has been produced.

(2.) The Forest Range Officer, Neduvathumuzhy on behalf of the State has filed a counter denying the claim. It is pointed that as per the scene mahazar, the accused attempted to encroach into the vested forest area and clear felled area without any permission of the authorities. According to the respondent, documents produced , i.e.Annexures-II & III, are invalid in law and required further enquiry as to the genuineness of the same. It is pointed out that the right over the entire area was subject to dispute before the Forest Tribunal in O.A.No.299/76. It is pointed out that in Ext.R (a) judgment of the Division Bench in appeal over O.As. including O.A.No.299/76, the court has elaborately discussed the need for preservation for ecological balances and protection of the environment and directed that the applicants will preserve the existing wooded areas whether they are on the outskirts of the plantations or are enclaves within them as wooded areas. The respondent has also produced Annexure R (b), the decision of this Court in O.P.No.8020/93 as per which the State was directed to render police assistance to drive away the encroachers and trespassers and Annexure R(c) judgment of the single bench in O.P.No.466/1985 wherein the court has quoted with approval the portions of the counter statements of the State wherein it was asserted that the entire area is a thickly wooded evergreen natural forest and that it is an ecologically fragile land coming within the ambit of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance 6 of 2000 and that there is no question of assigning the land to the 6th respondent, i.e.M/s.Harrisons Malayalam Plantations Ltd.

(3.) The petitioners have filed a rejoinder pointing out that in O.A.299/76 the area of dispute was only in relation to 90 hectares out of the total extent of 1063 hectares. It was pointed out that the appeal filed by the State was dismissed. The petitioners have also produced Annexure- IV gazette notification dated 18-12-1995 under Section 5(1) of the Preservation of Trees Act, 1986 wherein the Survey number of the property comprised in, i.e. 544/1 has not been incorporated. The property under the above Survey number was comprised of 349.21 acres . It is pointed out that Exts.R(b) and R(c) judgments have no connection with the property in dispute. It is asserted that the owner of property is M/s.Travancore Foundations. The petitioners have also produced copy of the judgments in W.P.C.No.6382/2006 as per which M/s.Travancore Foundations has been accorded police protection to protect their holdings.