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5. The species of trees allegedly cut are Jackfruit trees, Maruta, Angili, Venga, Mango tree and Payyani. A schedule is seen incorporated in the Pattayam, which refer to the few species of trees by name, which are teak, Anjili, Maruta, Vellilavu, Cheeni and Mullu venga. The first condition in the pattayam is that the entire right over all forest trees standing in the assigned land and specifically referred to in the Schedule vests with the government forest department, and the assignee is bound to maintain all trees existing at the time of assignment and such trees as may be grown in the property later. Second condition is that the assignee shall assist the forest officials to enter the property to inspect such trees, from time to time and if necessary, to remove such trees. However, Clause 7 of Order of Assignment of Registry enjoins that '"identified forest trees, viz, teak, rosewood, sandalwood, blackwood, ebony, etc, and mentioned in the Kerala Preservation of Trees Act, 1986 (Act 35 of 1986) in the land shall be accounted and preserved by Forest Department". Evidently, the assignment order refers to the preservation of Trees Act, though the pattayam does not refer to that Act. However, both the documents denote the trees as "forest trees". The Preservation of Trees Act does not define "forest tree". It defines only "tree" under Section 2(e) with reference to the specific species of trees mentioned therein. The trees mentioned therein are sandal wood, teak, rosewood, irul, thempavu, kampakam, chempakam, chadachi, chandana vempu and cheeni. Since "forest tree" is not defined, the term can have only the literal meaning of trees grown in a forest. The contention of the owners of the vehicles was that if few trees other than those referred to in the Kerala Preservation of Trees Act, 1986 (Act 35 of 1986) (for short, "Preservation of Trees Act") are mentioned in the order of assignment or patta, either mistakenly or fraudulently, that did not create any legal obligation on the assignee to preserve such trees.

7. Now it has to be examined whether cutting of the trees covered by Pattayam issued under the Special Rules constitute a forest offence as defined under Section 2(c) of the Forest Act. Admittedly, none of the trees which were allegedly transported by the respondents is included in 10 species of trees specifically referred to in Section 2(e) of the Preservation of Trees Act. However, among the several species of trees that were cut and removed, the trees specifically referred to in the patta are anjili and maruta. Hence, the issue involved in the present case narrows down to whether the act of transporting the above two species of trees referred to in the patta, but are not covered by Section 2(e) of the Preservation of Trees Act, amounts to an offence. In other words, whether cutting of any tree mentioned in the patta, but, not forming the species of trees mentioned in Section 2(e) of the Preservation of Trees Act, casts any criminal liability.

11. It is pertinent to note that the Kerala Forest (Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned) Rules, 1995 (for short, "the 1995 Rules") were promulgated by the Government invoking the powers conferred under Section 30(c), Section 76(f) and (g) of the Kerala Forest Act. Section 30(c) of the Act authorizes the Government to frame Rules to regulate or prohibit the cutting, sawing, conversion and removal of trees and timber, its collection and its removal. Section 76(f) empowers the Government to frame of Rules to regulate or prohibit, the felling cutting and such other activities of trees standing on land temporarily or permanently assigned, the right of Government over which has been expressly reserved in the deed of grant. The 1995 Rule is intended to impose a restriction with respect to the trees which stand in the assigned land. Rule 3 declare that all trees, standing on lands temporarily or permanently assigned, the right of the Government over which has been expressly reserved in the deed of grant or order of assignment of such land, shall be the absolute property of Government. Rule 4 prohibit, felling, cutting or maiming of any tree covered by Rule 3, without the sanction of the competent authority. An infringement of the above Rule is an offence punishable under Rule 7. Section 2(c) of the Forest Act defines a forest offence as an offence punishable under the Forest Act or Rules made thereunder. Consequently, an act liable for punishment under Rule 7 of 1995 Rules falls within the definition of a forest offence and hence liable for confiscation proceedings under Section 52 of the Forest Act.