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2026 Supreme(Online)(Ker) 20637

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
KOCHAPPU – Appellant
Versus
THE RANGE OFFICER KALADY FOREST RANGE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SUDHISH KUMAR, SRI.K.Y.TOMY, SHRI.K.B.DAYAL, SMT.PALLAVI K.B., SMT.P.USHAKUMARI, SMT.DEEPA. P.R., SHRI.BABY K.K., SMT.SONA ROMILDA PODUTHAS
For the Respondents: SRI.T.P.SAJAN, SPL.GP (FOREST)

Table of Content
1. assignment of land for cultivation. (Para 1)
2. government rights over trees on assigned land. (Para 2 , 3)
3. court's directive to allow transportation of trees. (Para 4)

JUDGMENT

The petitioner was assigned with 3 acres of land, vide Ext.P1 Patta, for the purpose of cultivation. There is no reference, whatsoever, about the existence of any teak wood tree in Ext.P1 Patta. Ext.P6 is an application, preferred by the petitioner, along with a declaration, in the year 2025, seeking transportation of the three teak wood trees from the petitioner's property. Ext.P6 application was rejected, vide Ext.P7 impugned Order, stating that the rights over the teak wood trees vest with the Government. The stand taken by the respondent official is squarely in the teeth of a Division Bench judgment of this Court in State of Kerala v. Thankachan [ 2025 (6) KLT 251 ].

2. Learned Government Pleader would submit that going by Rule 9(2) of the Kerala Land Assignment Rules, 1964, the right of the trees, standing in the allotted land, will vest with the Government.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court finds that the stand take

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