P.J. Antony and Cheriyan Kuruvila vs. State Forest Department

In the case of P.J. Antony and Cheriyan Kuruvila vs. State Forest Department, the Supreme Court of India has delivered a crucial judgement. The High Court previously allowed the writ petitions and set aside the order of confiscation of sandalwood trees dated 23.02.2004, which had been confirmed by the learned District Judge, Thodupuzha, in C.M.A. No 39 of 2004. This ruling marks a significant legal development in the forest management and private land ownership domains.

Facts

Taluk Surveyor confirmed fallen sandalwood trees on P.J. Antony’s land in Survey Nos. 86/3 and 86/4.
34 fallen sandalwood trees found in Survey No. 86/4 and 16 in Survey No. 86/3.
Village Officer issued certificates on 20.03.2001 for conducting auctions of fallen sandalwood trees.
Range Officer seized illegally uprooted sandalwood trees from P.J. Antony’s property.
Confiscation order passed on 16.01.2002 was later set aside for a de novo enquiry.
Divisional Forest Officer confirmed the seizure and confiscation of 50 sandalwood trees on Antony’s land.
P.J. Antony and Cheriyan Kuruvila filed joint application for entering agreement with Forest Department regarding fallen trees.
Certificates issued for 50 sandalwood trees on Antony’s land and 26 on Kuruvila’s land.
Applications made in accordance with Government Order dated 03.04.1973 for auctioning sandalwood trees on private lands.
The High Court allowed the writ petitions
Set aside the order of confiscation of sandalwood dated 23.02.2004
The order had been confirmed by the learned District Judge, Thodupuzha, in C.M.A. No 39 of 2004