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2016 Supreme(Ker) 101

ASHOK BHUSHAN, A.M.SHAFFIQUE
RANGE OFFICER/AUTHORISED OFFICER KERALA FOREST DEPARTMENT – Appellant
Versus
MUNNAR TEA GARDEN RESIDENCY – Respondent


Advocates Appeared:
For the Appellants : SPECIAL GOVERNMENT PLEADER SMT. SUSHEELA BHAT.
For the Respondent: SRI. K. JAJU BABU (SR.), SMT. M.U. VIJAYALAKSHMI.

JUDGMENT :

Ashok Bhushan, J.

The Range Officer/Authorised Officer, Kerala Forest Department and the Tahsildar, Devikulam, who were respondents 1 and 2 in W.P(C) No.29534 of 2015 have come up in appeal against the judgment dated 26.10.2015 in the aforesaid Writ Petition by which judgment, the learned Single Judge has permitted the petitioner to cut and remove 9 planted Eucalyptus trees from 25 cents of land in R.S. No.49/1-1, Block No.14 of Pallivasal Village.

2. Brief facts of the case as emerged from the pleadings on record are: Petitioner is a partnership firm engaged in business of running hotel, hospitality management, etc. For establishing a hotel in Munnar, petitioner purchased 25 cents of land in R.S. No.49/1-1 by sale deed dated 06.05.2015. The previous owner of the property was given no objection certificate by the Pallivasal Grama Panchayat on 24.01.2007 for construction of a building in the said property. In the property there were 9 Eucalyptus trees planted by the previous owner. For making any construction in the property, trees were required to be cut and removed. The previous owner had applied for permission to cut and remove the trees in the year 2014 before the Tahsil



























































































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