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2024 Supreme(Ker) 944

KAUSER EDAPPAGATH
Mary Baby, W/o. Baby K. C. – Appellant
Versus
State Of Kerala, Represented By The Secretary To The Department Of Revenue – Respondent


Advocates Appeared:
For the Petitioner: Sneha Rajiv, P.F. Rosy, Philip N. Joseph, Irene Elza Soji.

JUDGMENT :

(Kauser Edappagath, J.) :

Ext.P12 order passed by the 4th respondent rejecting Ext.P4 application submitted by the petitioner to issue pass to cut, remove and transport teak trees planted by her in her property is under challenge in this writ petition.

2. The petitioner is the owner of 0.072 hectares of land comprised in Survey No.1397/146/1 situated in Peechi Village. She obtained the said property by way of assignment under the Kerala Government Land Assignment Act, 1960 (for short 'the Land Assignment Act') as per Ext.P1 patta. According to the petitioner, after she acquired the right over the property as per Ext.P1, she planted around 150 teak trees therein. Since a neighbour has been complaining that the trees are a threat to his house, she decided to cut and remove them, and she submitted Ext.P4 application before the 3rd respondent seeking permission to cut the trees and to issue a pass to transport the same. The 3rd respondent asked the petitioner to approach the revenue authorities. Accordingly, she submitted Ext.P6 application seeking permission to cut and remove the teak trees before the 4th respondent. The 4th respondent rejected the Ext.P6 application as per

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