JUDGMENT

Ext.P3 is under challenge in this Writ Petition, which rejected the petitioners’ application for felling the rubber trees in their property. The provisions of the Kerala Preservation of Trees Act , 1986 (for short, the Act 1986) is cited as reason for refusal.

2. A counter/statement has been filed in this Writ Petition, wherein, the 3^rd respondent would state in paragraph no.9 that, there is no objection/impediment in this Court allowing felling of the rubber trees, as sought for by the petitioners, provided the petitioners are prepared to replant the area with rubber saplings. The petitioners are prepared for such a course, as specifically conveyed to this Court.

3. In the circumstances, the permission sought for by the petitioners for felling of the trees will stand granted, subject to the condition that the petitioners file an undertaking before the 3^rd respondent, specifically agreeing to replant the area with rubber saplings. Once the same is filed before the 3^rd respondent, and it is acknowledged by him, it will be open for the petitioners to