The rights to trees planted by the assignee on assigned land vest with the assignee, not the government.

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 taken by the respondent officials cannot be recognized in law. The law has been categorically laid down by the Division Bench in Thankachan (Supra). It is only in respect of those trees, which were standing in the assigned land at the time of assignment, that the Government can claim rights. The Patta issued would not reflect the existence of any such trees. Insofar as trees, which are planted by the assignee pursuant to the assignment, the rights will vest with the assignee, is the dictum laid down in Thankachan (Supra).

4. In the circumstances, the stand taken in Ext.P7 cannot be appreciated, and Ext.P7 will stand set aside. There will be a direction to the respondent/Range Officer to allow Ext.P6, so as to grant permission to the petitioner to transport the teak wood trees, which shall be done within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the respondent/Range Officer, for compliance.

The Writ Petition will stand allowed, as indicated above.