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2021 Supreme(Ker) 366

N.NAGARESH
Ammini – Appellant
Versus
State Of Kerala, Rep. by Secretary to Government, Forest Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.T.M.Abdul Latiff, Adv.
For the Respondent: Spl. Government Pleader For Forests, Sri K.Sandesh Raja

JUDGMENT :

These writ petitions are filed seeking to permit the petitioners to remove trees cut by them from their own land. The petitioners are residents of Attappadi and state that they need to cut trees and sell some of the woods to raise money to construct their pucca houses. The respondents resist transportation of woods on the ground that the land from which trees are sought to be cut and removed, is forming part of the proposed Buffer Zone around the Silent Valley National Park and it is an Ecologically Sensitive Zone.

2. The petitioners in W.P.(C) No.26919/2019 are legal heirs of late Rami who obtained Patta in respect of 6.98 Ares of land in Survey No.25/3 and 55.10 Ares of land in Survey No.26/3 of Kallamala Village. The petitioners are now in joint position of the land and are paying land tax. The petitioners are cultivating pepper vine, etc. in the said property. The petitioners are residing in thatched houses and wanted to construct Pucca houses. As the petitioners decided to construct Pucca houses, due to scarcity of funds, the petitioners cut certain trees standing in their private land with an intention to sell. Applications submitted by the petitioners for permission

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