CHANDRAPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners claim to be in possession of certain extent of land which, however, is asserted to be forest land by the Forest Officials. The petitioners predicate the right to cut and remove eucalyptus trees from the extent of properties claimed to be in their possession; but this was rejected by the concerned Forest Range Officer, holding that the property is forest land and not covered by the "Pattas" claimed by the petitioners.

(2.) These controversies had earlier led the power of attorney holder of the petitioners herein to approach this Court by filing W.P.(C)No.33078/2006, which was disposed of through Ext.P15 judgment wherein, the said petitioner was allowed to invoke the appellate remedy under the Preservation of Trees Act against the order of the Forest Range Officer. Further, noticing that a factual enquiry with respect to the property in question was pending before the District Collector, the said Authority was also directed to complete the said enquiry within a time frame.

(3.) It appears that though the petitioners did not invoke the appellate remedy as was permitted to them by this Court in Ext.P15 judgment, the District Collector completed the factual enquiry, as was directed in the judgment and issued Ext.P19 order, but the petitioners contend that this order has been issued by the said Authority without jurisdiction.