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2024 Supreme(Online)(KER) 18850

HIGH COURT OF KERALA
Kauser Edappagath, J
Jopu John – Appellant
Versus
DIVISIONAL FOREST OFFICER – Respondent


JUDGEMENT

The petitioner, who is the absolute owner in possession of an extent of 0.6655 hectares of land situated in Resurvey No.138/4 in Block No.156 in Kerala Estate Village, Malappuram District, submitted Ext.P3 application before the respondent No.2 on 30/09/2021 under the Kerala Promotion of Tree Growth Act , 2005, seeking permission for cutting teak wood trees from his property. The application was in Form No.1, which is a declaration prescribed under Rule 3 of the Kerala Promotion of Tree Growth in Non-Forest Area Rules, 2011. In response to Ext.P3 application, the respondent No.2 inspected the property of the petitioner, measured the trees standing therein and prepared a copy of the list of trees, which is marked as Ext.P6.

    Thereafter, the respondent No.1 passed Ext.P18 order rejecting Ext.P3 application. It is challenging Ext.P18 order, this writ petition has been preferred.

2.I have heard Sri.M.P.Madhavankutty, the learned counsel appearing for the petitioner and Sri.T.P.Sajan, the learned Special Government Pleader (Forest).

3. Section 6 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 deals with the right of owners to cut and remove trees in non-notif

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