1. The main question urged for a decision in these cases is whether in the absence of a specific mention in sub-sec.(3) (a) of Section 9 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 (for short, "the Act") about cutting, uprooting, burning or otherwise destroying the tree in contravention of Sec.6 of the Act, a prosecution could be initiated and proceeded with for such acts punishable under Sec.7 of the said Act?

2. Facts necessary for a decision of the said question and allied questions urged by the petitioners are: Certain trees which require permit for its cutting (which is not disputed before me) and coming within the purview of the Act were cut from the property of petitioners in Crl. M.C Nos.4193, 4194 and 4197 of 2010. The trees were (allegedly) cut by the petitioner in Crl. M.C. Nos.3914, 4189 and 4195 of 2010. On detection of the said act which according to the second respondent is violation of Sec.6 of the Act, cases were registered as O.R. Nos.18, 19 and 20 of 2009 against the respective owners of properties and the person who is said to have assisted them in cutting the trees. The occurrence reports in the said cases are under challenge. T