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2026 Supreme(Online)(Ker) 18499

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
RAMACHANDRAN C. P. – Appellant
Versus
DIVISIONAL FOREST OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.JAYARAM, SRI.P.B.AJOY, SRI.K.R.PAUL
For the Respondents: SRI. T.P. SAJAN, SPL GP

Table of Content
1. petitioner's claim based on prior orders. (Para 1)
2. arguments related to permission for tree cutting. (Para 2 , 3)
3. court's reasoning affirming restrictions. (Para 4)
4. judgment confirms dismissal of the petition. (Para 5)

JUDGMENT

The petitioner is stated to be a senior citizen. The petitioner has come in possession of a property, which originally belong to one Smt.Lakshmikutty Amma, who was given restoration of possession of the land by the Forest Tribunal, Palakkad, pursuant to the order dated 26.11.1977 in O.A. No.582 of 1975. After the restoration, as above, as earlier as on 18.02.2005, Ext.P1 notification–S.R.O. No.202/2005, is issued by the Government under Section 5 (1) of the Kerala Preservation of Trees Act, 1986 (hereinafter referred to as the ‘Act’), ordering that as regards the trees in the properties falling under the schedule therein, they shall not be cut, uprooted, burnt or otherwise destroyed. A certificate was also issued by the Divisional Forest Officer (DFO), Palakkad, specifically with reference to the provisions of the Act dated 04.04.2005. It is on the basis of the orders at Exts.P1 and P2, admittedly, that the petitioner is in possessi

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