KOTTAL AYISHUMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has approached this Court challenging Ext. P4 notification and seeking a declaration that the provisions in the Kerala Preservation of Trees Act, 1986 (the Act) is not applicable to the petitioner's land measuring 63 acres and comprised in R. S. 6/1 Part of Vettilappara Village of Eranad Taluk in Malappuram District.

(2.) Exhibit P4 notification has been issued under section 5 of the said Act prohibiting the cutting and uprooting of trees standing in 63 acres of land scheduled to the said notification. The Explanatory Note attached to the notification shows that the said 63 acres of land was subject matter of O.A. 283/76, and the Forest Tribunal had held that the said 63 acres not form part of the private forests. The Explanatory Note further shows that that judgment of the Tribunal had been confirmed by this court in M.F.A. 525/79, and that an attempt to review the judgment was also dismissed by this court. Now, the Government thought of prohibiting, cutting and destroying of any tree and Ext. P4 notification has been issued exercising the powers vested in them under Section 5 of the Act.

(3.) A reading of Ext. P4 thus shows that the property forming part of the schedule to Ext. P4 is the same as that dealt with in Ext. P1 judgment of the Forest Tribunal, Manjeri. The property is situated in Malappuram District. Therefore, it is within the erstwhile Malabar area. These aspects cannot be disputed. It is held in Ext. P1 judgment as follows :"