States » SouthPosted at: Oct 16 2026 1:26PM


ANEC Trust seeks stay on tree-felling circular over legal concerns

Kottayam, Oct 16 (UNI) ANEC Trust has sought immediate suspension and a comprehensive legal review of a Forest Department circular on tree felling in assigned forest land in Kerala, warning that ambiguities in its interpretation could undermine safeguards for government-owned trees and create legal complications for farmers.
In a representation submitted to the Kerala Government and senior Forest Department authorities, the Ernakulam-based Animals and Nature Ethics Community Trust urged the authorities to withdraw or suitably amend Circular No. T1-5887/2016, issued on October 8 by the Chief Conservator of Forests, High Range Circle, Kottayam.
The circular concerns tree felling on land assigned under the Kerala Land Assignment (Regularisation of Occupation of Forest Land Prior to 01.01.1977) Special Rules, 1993.
While acknowledging the difficulties faced by farmers holding assigned land, the Trust contended that the circular's interpretation of existing laws required reconsideration, particularly regarding tree ownership, prior permission for felling and the distinction between forest-origin assigned land and genuine non-forest land.
The representation was addressed to the Chief Minister, the Minister for Forests and Wildlife, the Chief Secretary and senior Forest Department officials. Copies were also sent to the Central Empowered Committee, the union Ministry of Environment, Forest and Climate Change and the Deputy Inspector General of Forests (Wildlife).
According to the Trust, the circular appears to restrict the requirement for prior permission from the Divisional Forest Officer (DFO) to certain species covered by the Kerala Preservation of Trees Act, 1986. It argued that this interpretation should be examined against the conditions governing land assignments under the 1993 Special Rules and the Kerala Forest (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995, particularly Rules 3 and 4.
The Trust also called for a review of the relevance of the Kerala Forest Rules, 1975, and the applicability of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005, cautioning that provisions applicable to non-forest areas should not be extended to forest-origin assigned land without determining its legal status.
Citing the Supreme Court's judgment in *T.N. Godavarman Thirumulpad v. union of India* and other judicial precedents, including *State of Kerala v. Jayakumar* and *Mary Baby v. State of Kerala*, the representation sought a consistent, legally vetted interpretation of the relevant statutory provisions.
The Trust also raised questions about the authority of the Chief Conservator of Forests, High Range Circle, to issue the circular with the implications described in the representation. It urged the competent authorities to examine whether the officer had the necessary jurisdiction and delegated powers.
The demands include suspending the circular until the legal issues are examined, clarifying when prior written DFO sanction is mandatory under Rule 4 of the 1995 Rules, and issuing clear guidelines on the permissions applicable to different categories of assigned land.
It has further proposed a comprehensive review of the relevant legislation and the constitution of an expert committee comprising officials from the Forest, Revenue and Law departments to recommend uniform procedures.
The Trust warned that unclear instructions could cause confusion among farmers and field-level officials, weaken protection for government-owned trees and increase the risk of unlawful felling. It maintained that farmers' legitimate interests and forest conservation should be addressed through transparent and legally sound procedures.
The Office of the Chief Minister has acknowledged receipt of the representation by email, stating that the office would get back to the Trust shortly. The Trust clarified that the acknowledgement indicated receipt of the communication and did not amount to a decision on its demands.
Advocate Santhosh T.S., lawyer-cum-legal representative of ANEC Trust, submitted the representation.
UNI DS
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