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2013 Supreme(Ker) 890

A.M.SHAFFIQUE
Manoj – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : M.P. Prakash
For the Respondent: Noushad Thottathil, Spl. Government Pleader

JUDGMENT :

A.M. Shaffique, J.

1. Petitioner challenges Ext. P8 an order passed by the Divisional Forest Officer, rejecting the petitioner's request for cutting and removing rosewood trees in the land assigned to him by the Government on the ground that as per Condition No. 1 of the patta, the full right of all the trees vests in the Government which are also subsequently found in the property. The facts as disclosed would show that the petitioner's father was assigned an extent of 3 acres 35 cents of land as per Ext. P1 patta. By virtue of partition, it is said that this property was allotted in the name of the petitioner. There were four rose wood trees in the property of which two were in a dangerous situation and the other two were cut and removed to raise funds for repayment of the liabilities of the petitioner. He made a request to the 4th respondent Tahsildar seeking permission to cut and remove the said four rosewood trees. The 4th respondent by Ext. P6 reported about the nature of the trees standing in the property and opined that the said trees had not been reserved. The matter was therefore, placed before the Forest Range Officer, Adimali. Ext. P7 is the report by the Secti
























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