STATE OF KERALA Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) What is mainly involved in this Writ Appeal is the correctness of an order passed by the Tahsildar, Nedumangad under S.10 of the Kerala Land Conservancy Act, 1957 (for short the Act). The allegation of the appellants was that the respondent had destroyed a tree belonging to the Government and therefore, he was liable for punishment as provided under S.10 of the Act. The respondent in unequivocal terms denied the allegation. However, Ext. P2 order was passed by the Tahsildar holding that the respondent had cut and removed unauthorisedly a tree from the puramboke land. Though the respondent challenged this order before the different authorities but in vain. Ultimately he filed writ petition challenging the orders passed by the revenue authorities. The learned single Judge by the judgment dated 18th February, 1992 allowed the Writ Petition and accordingly quashed Exts. P2, P3 and P4 orders. Hence the present appeal has been filed.

(2.) S.10 of the Kerala Land Conservancy Act, 1957 is as follows: