Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 16909

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RAJESH PANANGAD – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 45463 OF 2025

Advocates:
For the Appellants/Petitioners: SHRI.RAJESH SIVARAMANKUTTY, SMT.VIJINA K.
For the Respondents: SRI.T.P.SAJAN

Court allows felling of trees under condition of replanting as per legislation.

Headnote:This case involves a writ petition challenging Ext.P3, which denied permission to fell rubber trees under the Kerala Preservation of Trees Act, 1986. The court determined to grant permission on the condition of replantation of rubber saplings. The issues revolved around compliance with replantation. The court held that felling of trees is permitted if an undertaking for replantation is provided. The Writ Petition is disposed of, granting permission subject to the stated condition.

Table of Content
1. challenge to refusal of felling trees. (Para 1 , 2)
2. condition for felling based on replantation. (Para 3)

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 fell the trees. This Writ Petition is disposed of as above.

Sd/-

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