JUDGEMENT
N.NAGARESH,J. -
(1.)Petitioner, who is owner of 62.10 Ares of property in Re-survey Nos.245/8, 245/7, 245/21 (old Survey No.567) of Pulankode Village, Thalappilly Taluk, has filed this writ petition seeking to quash Exts.P12 to P14 and to direct the 2nd and 3rd respondents to give permission for cutting and removing the trees referred in Ext.P9 order which is planted and situated in the petitioner's property, without any further delay and within a stipulated time as fixed by this Court. The petitioner has also sought certain other incidental reliefs.
(2.)The petitioner states that the properties were originally assigned to one Anthinkutty, Aysha and Kurumba as per a Patta issued under Rule 31(9) of the Kerala Land Reforms (Ceiling) Rules, 1970. The assignees paid the purchase price. In view of Sec. 52(1) of the Kerala Land Reforms Act, 1963, all timber trees planted by the cultivating tenant or predecessor-in-interest or spontaneous sprouting and growing in the holding after the commencement of the tenancy shall belong to the cultivating tenants. The trees now standing in the petitioner's property are planted and maintained by the petitioner himself.
(3.)The petitioner wanted to cut and remove 20 teak trees and 100 teak logs which are planted and cultivated by the petitioner and his predecessors after the issuance of purchase certificate. A formal permission is necessary from the authorised officer to cut and remove the trees under the provisions of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005. Hence, the petitioner submitted an application to the 4th respondent. As per Ext.P9, the 4th respondent sent the application to superior officers for clarification.
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