IMPORTANT POINT
Provisions of the Act and Rules would make it clear that the Act itself is intended to facilitate the cutting and removing of trees from private lands and planting of new trees to generate timber etc. It is further submitted that the Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber Belonging to Government but Grown on Lands in the Occupation of Private Persons) Rules, 1975 has no application in the instant case and the said rules have elapsed due to non-notification

JUDGMENT :

1. This writ petition is filed seeking the following reliefs:-

“(i) Call for the records leading to Ext.P6 order with Ext.P7(a) reasons and P13 order.

(ii) Issue a writ of Certiorari or any other writ order or direction quashing Ext.P6 order with Ext.P7(a) reasons and P13 order.

(iii) Declare that the petitioner is entitled to cut and remove the trees as mentioned in Ext.P6 application.

(iv) Permit the petitioner to cut and remove the trees as mentioned in Ext.P6 application.

(v) Issue a writ of mandamus or any other writ order or direction commanding the respondent No.2 consider and pass orders afresh allowing Ext.P6 application filed by the petitioner to cut and remove the trees as mentioned thereon.”

2. Heard Sri.Joseph Markos, learned Senior counsel for the petitioner and Sri. Sandesh Raja, the learned Special Government Pleader for the Forest.

3. The petitioner has preferred an application for cutting and removing of certain trees standing in the petitioner's property on 5.7.2014. By Exhibit P6, the application was rejected by the Forest Range Officer. The reasons for the rejection are communicated to the petitioner by Exhibit P7(a). As many as seven reasons are stated for the rejection of the application, it is stated that three of the trees which are mentioned in the application are Thembavu trees and thus the specifications given in the application are incorrect. It is stated that one Thambakom tree is more than 150 years old and that the trees mentioned therein are not standing in the positions shown in the survey sketch in respect of LA17/92 in Survey No.732/A It is further stated that it is not the trees for which the tree value has been paid by the assignee in LA 17/92 that are being sought to be cut and removed and the application is, therefore, irregular. It is further stated that the trees are situated near the boundary of the reserve forest and the cutting and removal of the same will result in soil erosion and other environmental problems. Reason 7 provides that the Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber Belonging to Government but Grown on Lands in the Occupation of Private Persons) Rules, 1975 and the Kerala Preservation of Trees and Regulation of Cultivation on Hills Area Rules, 1983 will be violated, if permission is granted. Though Exhibit P9 appeal has been preferred by the petitioner against the rejection, the appeal has been dismissed by Exhibit P13 proceedings on the ground that the appeal is preferred beyond the time limit prescribed.

4. The learned Senior Counsel appearing for the petitioner submits that the reasons stated in the order of rejection are completely untenable in terms of the provisions of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 ('2005 Act' for short) and the Rules provided thereunder. It is submitted that the properties in question are patta lands and non-forest lands covered by undisputed title deeds and that the provisions applicable are the provisions of the 2005 Act. Section 6 of the Act provides for the right of owners to cut and remove trees standing on forest lands. Section 6(3) provides for notification of area of non-forest land where trees may not be cut without permission. It is stated that the provisos to Sub-section 3 are to the effect that permission is required for cutting and removing of any specified tree from notified non-forest areas. It is submitted that the area in question being a notified area, the petitioner had submitted appropriate applications for cutting and removal of trees and that such permission was liable to be granted, unless there is any valid reason for rejecting the same. It is stated that the provisions of the Act and Rules would make it clear that the Act itself is intended to facilitate the cutting and removing of trees from private lands and planting of new trees to generate timber etc. It is further submitted that the Kerala Forest (Preservation, Reproduction and Disposal of Trees