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2020 Supreme(Ker) 127

ANU SIVARAMAN
Jose S/o. Joseph – Appellant
Versus
State of Kerala, Represented by Principal Secretary, Department of Forest, Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Sri. V. Rajendran (Perumbavoor), Sri. N. Rajesh.
For the Respondent: Government Pleader, Spl. GP. Forest, Sandesh Raja.

JUDGMENT :

This writ petition is filed seeking the following prayers:-

    “i. To call for the records leading to Exhibit P6 order and quash the same by issuing a writ of certiorari.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to accord sanction to the petitioner to cut and remove and transport the two teak trees standing in his property having an extent of 28.32 ares situated in Sy.Nos.495, 398/246 and 1398/247 of Neriamangalam Village within a time fixed by this Hon'ble Court.”

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. The petitioner is the owner of 28.32 ares of property in Neriamangalam Village, which was purchased by Ext.P1 sale deed. The property was part of a larger extent of property comprised in Survey Nos.495/1, 398/246 and 1398/247 of Neriamangalam Village. The said property was assigned by Ext.P3 patta dated 9.1.1963 to one Mundan Kannan. It is stated that Ext.P5 Mahazar prepared while handing over the property on the basis of Ext.P3 Patta would show that there were no teak trees standing on the property at the time of assignment.

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