JOHNSON ABRAHAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD counsel for petitioners and Government Pleader. Petitioners were granted permission to cut the timber, details of which are covered by Ext.P4 series of documents produced in this court. Such permission is granted by the revenue authorities as well as by the forest authorities. However, later the Collector issued Ext.P6 order prohibiting removal of the cut timber on the ground that he has issued order on 23.5.2006 prohibiting cutting of trees in ecological sensitive area, which includes Mannarkkad. The specific case of the petitioners is that the Kerala Protection of Tree Growth in Non Forest Areas Act 2005 permitted petitioners to cut trees from own property and all the trees were cut prior to Collector's prohibiting order dated 23.5.2006. On going through the counter affidavit, I find trees cut are not from the forest and Government has no claim whatsoever. In other words, the allegation is only violation of Collector's order against cutting of trees from ecological sensitive area. Since the trees have been cut prior to the prohibiting order issued by the Collector and since the respondents have no case that the trees cut are from forest land, nor reserved by Government at the time of assignment of the land, petitioners are entitled to remove the timber. In similar cases, this court by judgment dated 16.11.2006 in WPC.20702/2006 permitted removal of the trees. Writ petition is accordingly disposed of directing 3rd respondent to issue pass for transport of the cut trees, after giving details in the pass. Respondents are free to enforce Collector's order against cutting of trees from the date of order.