YESUDAS.R. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioners are husband and wife and they are in possession of an immovable property having an extent of 10 cents in Sy.No.339/3pt of K.D.H. village, Devikulam Taluk, Idukki District, from the year 2009 onwards. It is also pointed out that, petitioners have effected mutation in the Revenue Records and a new Thandaper account namely, 468 is assigned and they are paying the basic tax to the Government up to date, evident from Ext.P2 tax receipt.

(3.) After obtaining ownership and possession over the property, petitioners have planted eucalyptus trees. Under the Kerala Promotion of Tree Growth in Non Forest Areas Act, 2005, there are 28 items of properties identified for which no permission is required for the sale which include eucalyptus trees also. According to the petitioners, after the onset of monsoon, certain trees standing in the property of the petitioners are causing danger to the life and property of the petitioners and thereupon, they have approached the District Collector seeking permission to cut and remove the trees. It was informed that no permission is required from the Revenue Department.