------------------- Petitioners have approached this Court inter alia seeking for the following reliefs:
a. Appropriate writ order or direction to quash Ext.P7.
b. Appropriate writ order or direction to the 1st respondent to receive application filed by the petitioners under the provisions of the Kerala Promotion of the Tree Growth in non forest Areas Act, 2005, and to issue pass for transporting the wooden logs described in Ext.P5 and Ext.P6 kycheets.
The request of the petitioners for cutting and removing trees was not permitted on the ground that petitioners does not have title to the property. By Ext.P7, the order under challenge, the Tahsildar has formed an opinion that though the petitioners are in possession of the property, the pattayam has not been obtained by them. Therefore, unless appropriate clarification is obtained from the District Collector, no orders W.P.C.No. 11502 OF 2014 2 can be passed.
2. Counter affidavit filed by the first respondent inter alia stating that the petitioners are entitled to cut and remove the trees only on complying with Section 6 of the Kerala Promotion of the Tree Growth in non forest Areas Act, 2005. According to the aforesaid provision and according to the respondents, only an owner can ask for necessary permission. In so far as the petitioner is not the owner of the land and he only claims possessory interest, permission cannot be granted.
3. The learned counsel for the petitioner, however, submits that none of the legal heirs of the original owner have staked any claim in respect of the property. It is still in doubt as to whether any legal heirs are in existence or not. Under such circumstances, it is always open for the District Collector to consider whether permission as sought for can be granted in favor of the petitioner.
In the result, this writ petition is disposed of as under:
Petitioner shall submit a representation to the District Collector showing the name and details of the available legal heirs of the original owner and after conducting necessary W.P.C.No. 11502 OF 2014 3 enquiry, the District Collector shall pass appropriate orders within a period two months from the date of receipt of a copy of this judgment.
Sd/-A.M.SHAFFIQUE, JUDGE lsn