Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Thomas Cherian Son Of Late Cherian – Appellant
Versus
State Of Kerala Represented By Secretary – 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 petitioners denied rights to cut trees based on outdated forest laws.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 :
1. 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 rig
Government has no rights over trees planted on assigned land by the petitioner under the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005.
Article 48A in part IV of Constitution of India dealing with a duty is cast upon State for 'protection and improvement of environment and safeguarding of forests and wildlife', of country.
The main legal point established is that the petitioner's rights under the title deed were modified by the Kerala Grants and Leases (Modification of Rights) Act, 1980, and the petitioner is liable to....
The court established that under the Land Assignment Act, all trees on assigned land vest in the Government, regardless of when they were planted.
Statutory restrictions on tree removal govern property rights, affirming non-entitlement without compliance.
The rights to trees planted by the assignee on assigned land vest with the assignee, not the government.
The court established that government notifications under the Trees Act can override previous exemptions, requiring compliance for tree cutting in designated areas.
The main legal point established in the judgment is that landowners have the right to cut and transport trees from their private land in accordance with the state legislations, especially in the abse....
Court allows felling of trees under condition of replanting as per legislation.
Exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act does not change the classification of land as a private forest, and the Kerala Preservation of Trees Act has overr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
