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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
THOMAS CHERIAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. common issues addressed in writ petitions concerning tree removal on assigned lands. (Para 1 , 2) |
| 2. petitioners denied rights to cut trees based on outdated forest laws. (Para 3 , 4 , 5 , 6) |
| 3. court's interpretation of statutory rights regarding future tree growth on assigned land. (Para 7 , 8 , 9) |
JUDGMENT
Since a common issue is involved in these writ petitions, they have been heard and disposed of by a common judgment.
2. The 1st petitioner in WP(C) No.27509 of 2022, is the owner in possession of 2.59 hectares of property in Sy No.639/1 and 639/2, and the 2nd petitioner is the owner in possession of 1.27 hectares of property in Sy.Nos 639/3 and 670/1 of Pangarappilly Village, Thalappilly Taluk, Thrissur District. The reliefs sought in the writ petition are as follows:
“a) Issue a writ of mandamus or any other appropriate writ order or direction and thereby direct the 2nd and 3rd respondents to give permission to cut and remove the remained trees in the assigned land owned by the petitioners which are cultivated by them within a stipulated time as fixed by this Hon'ble court, by allowing Ext.P6 and P7 applications.
b) Declare that the petitioners have every right to
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