OUSEPH KURIAKOSE Vs. DIVISIONAL FOREST OFFICER KOTHAMANGALAM

JUDGEMENT

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

(2.) Heard Sri.Joseph Markos, learned Senior counsel for the petitioner and Sri. Sandesh Raja, the learned Special Government Pleader for the Forest.

(3.) The petitioner has preferred an application for cutting and removing of certain trees standing in the petitioner's property on 5.7.2014. By Exhibit P6, the application was rejected by the Forest Range Officer. The reasons for the rejection are communicated to the petitioner by Exhibit P7(a). As many as seven reasons are stated for the rejection of the application, it is stated that three of the trees which are mentioned in the application are Thembavu trees and thus the specifications given in the application are incorrect. It is stated that one Thambakom tree is more than 150 years old and that the trees mentioned therein are not standing in the positions shown in the survey sketch in respect of LA17/92 in Survey No.732/A It is further stated that it is not the trees for which the tree value has been paid by the assignee in LA 17/92 that are being sought to be cut and removed and the application is, therefore, irregular. It is further stated that the trees are situated near the boundary of the reserve forest and the cutting and removal of the same will result in soil erosion and other environmental problems. Reason 7 provides that the Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber Belonging to Government but Grown on Lands in the Occupation of Private Persons) Rules, 1975 and the Kerala Preservation of Trees and Regulation of Cultivation on Hills Area Rules, 1983 will be violated, if permission is granted. Though Exhibit P9 appeal has been preferred by the petitioner against the rejection, the appeal has been dismissed by Exhibit P13 proceedings on the ground that the appeal is preferred beyond the time limit prescribed.