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2017 Supreme(Ker) 690

DAMA SESHADRI NAIDU
Vinod Kumar P. R. S/o. Ramu – Appellant
Versus
Range Forest officer office of The Range Forest officer – Respondent


Advocate Appeared:
For the Petitioner:Sri. V.T. Madhavanunni & Sri. V.A. Satheesh, Advocates
For the Respondent:Sri. Sandesh Raja K., Spl. G.P. (Forest), Sri. K.B. Sivaramakrishnan and Sri. K.Saneesh Kumar, Advocates, Smt. A.C. Vidhya, Government Pleader, Sri. M.P. Madhavankutty, Spl. Govt. Pleader.(For Forest)

JUDGMENT :

Dama Seshadri Naidu, J.

1. Introduction:

A piece of property was allegedly gifted away. The donee, a son, wants to enjoy the property as the full owner. He obtains permission from the forest officials to cut timber standing on the land. The donor, the mother, questions the gift as a product of fraud but loses the suit; she nevertheless files an appeal, pending now. In the meanwhile, she complains to the forest officials to withdraw the permission. They do. Are they entitled to do so? The answer: No.

Facts:

2. Vinod Kumar, the petitioner, owns three acres within the Meppady Forest Range. He claims title to the property through his mother, the 4th respondent. His mother is said to have gifted the property to him, through a registered deed of gift.

3. In the course of time, Vinod applied to the Range Forest Officer ("Forest Officer"), the first respondent, for permission to cut and carry the trees on the land. The Forest Officer, in turn, had the property inspected by his staff, and eventually granted Ext. P7 permission. But before Vinod could act under the permission, his mother, through her another son, complained that she had already questioned the petitioner's title to the pr

























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