ABOOBACKER T.K., AGED 73 YEARS, S/O. KUNHAYAMU HAJI, THAZHETH KALLADI, KARAKURUSSI(POST), MANNARKKAD, PALAKKAD DISTRICT Vs. FOREST RANGE OFFICER, FOREST RANGE OFFICE, OTTAPALAM, KULAPPULLY (POST), PIN

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 order issued by the 3rd respondent dated 21.04.2016, whereby petitioner was declined permission to cut and remove the rubber trees slaughter tapped, resorting to Sec. 5 of Kerala Preservation of Trees Act, 1986, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) An extent of 2 Acres of land comprised in Sy. No.57AIA of Karimpuzha II Village of Ottapalam Taluk involved in O.A.No.8 of 1976 of Forest Tribunal was exempted from the purview of Kerala Private Forest (Vesting and Assignment) Act, 1971 [hereinafter called, 'Act, 1971'], as per the judgment dated 19.12.1978 of Forest Tribunal, Palakkad, under Sec. 3(2) of Act, 1971, in favour of the petitioner and his brothers, evident from Ext.P1.

(3.) Though possession was restored immediately, the official communication in this regard is delayed due to some discrepancy in the survey number and the survey number is now corrected as Sy.No.57A/1A1A of Karimpuzha II Village, evident from the order in I.A.No.80/11 in O.A.No.8 of 1976 dated 30.11.2012, evident from Ext.P2. The area of land in question was under personal cultivation at the time of the alleged vesting. The above described land is now included under Sec. 5 of the Kerala Preservation of Trees Act, 1986 [hereinafter called, 'Act, 1986']. There are 320 numbers of rubber trees in the above said land. The above trees are aged and not yielding. Ext.P3 is the photograph of a portion of the area of the rubber plantation.