Kerala High Court
C.B Udayakumar vs The State Of Kerala on 14 July, 2025
2025:KER:51798
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 25545 OF 2025
PETITIONER:
C.B UDAYAKUMAR
AGED 58 YEARS
PROPRIETOR, M/S B.R WOOD INDUSTRIES MANGADU P.O, KOLLAM
THROUGH HIS POWER OF ATTORNEY HOLDER MR. C.B JAYAKUMAR,
AGED 55 YEARS S/O K.V BHARATHAN, R/O SALILALAYAM,
MANGAD PO, MANGAD VILLAGE, KOLLAM., PIN - 691015
BY ADVS.
SHRI.S.GANESH
SHRI.ASWIN KUMAR M J
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, KERALA FOREST AND
WILDLIFE DEPARTMENT ROOM NO. 403, 4TH FLOOR, ANNEX I,
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF FOREST CONSERVATOR
OFFICE OF CHIEF FOREST CONSERVATOR SOTHERN CIRCLE,
KOLLAM., PIN - 691001
3 THE DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE PUNALUR FOREST DIVISION
PUNALUR P.O, KOLLAM., PIN - 691305
4 DR. AJITHAKUMARI. K
D/O LATE KAMAKABHAI KRISHNA, POONTHI ROAD ANAYARA P.O,
THIRUVANANTHAPURAM, PIN - 695029
W.P.(C)No. 25545 of 2025
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2025:KER:51798
5 ANILKUMAR
S/O PRABHAKARAN KIZHAKKEVILAMEKKEVEEDU MANGADU
P.O, KOLLAM, KARAMKODU P.O, KOLLAM. NOW RESIDING
AT KAMALALAYAM, PIN - 691529
6 DR. JAYAKUMAR PRABHAKARAN
S/O PRABHAKARAN KRIPA, KARAMCODE P.O KOLLAM.,
PIN - 691572
BY ADV.T.P.SAJAN - SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No. 25545 of 2025
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2025:KER:51798
J U D G M E N T
Dated this the 14th day of July, 2025 Ext.P17 judgment directed maintenance of the status quo, until the petitioner's revision is considered and an Order is communicated to the petitioner and further, for a week thereafter. It is the petitioner's claim that no order was communicated to him informing the fate of his revision, although he was formally heard. Now, the petitioner has been issued with a stop memo, which was served in the WhatsApp of the petitioner's power of attorney holder. The stop memo is under challenge.
2. This Court specifically directed the learned Special Government Pleader (Forest) to ascertain whether a communication has been issued to the petitioner of the fate of the revision preferred by him. Learned Special Government Pleader, after instructions, would submit that W.P.(C)No. 25545 of 2025 ..4..
2025:KER:51798 the communication has been sent in the ordinary post, as disclosed from the despatch register, a copy of the relevant page of which has been handed over to this Court, for perusal. A perusal of the said page would not indicate even that the order has been issued to the petitioner, by ordinary post. That apart, this Court is of the view that, when the judgment of the High Court directs communication of the revisional Order to the petitioner, the same has to be done in a fool-proof manner, so that, if a question arises, the Department should be in a position to establish that the judgment has been complied with. The Department has not exhibited the due care in this regard.
3. In the circumstances, Ext.P18 stop memo, communicated through WhatsApp, will stand quashed. The learned Government Pleader has handed over a copy of the revisional Order to the learned counsel for the petitioner today. No precipitate action shall be taken against the petitioner's Saw Mill, until the expiry of ten days from W.P.(C)No. 25545 of 2025 ..5..
2025:KER:51798 today, that is to say, till 25.07.2025. It will be open for the petitioner to challenge the revisional Order by taking recourse to the remedy available to him under law.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE TR W.P.(C)No. 25545 of 2025 ..6..
2025:KER:51798 APPENDIX OF WP(C) 25545/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENT AGREEMENT DATED 10/06/2016 Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE SUBMITTED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE COMMUNICATION OF CHIEF FOREST CONSERVATOR DATED 10/10/2019 Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN W.P.C.NO. 1606 OF 2021 OF THE HON'BLE HIGH COURT DATED 24/01/2022 Exhibit P5 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 25/01/2022 Exhibit P6 TRUE COPY OF THE LETTER OF RESPONDENT NO. 3 DATED 10/01/2022, WHICH WAS HANDED OVER TO PETITIONER ON 25/01/2022 Exhibit P7 TRUE COPY OF THE LETTER OF PETITIONER DATED 27/01/2022 Exhibit P8 TRUE COPY OF THE INTERIM ORDER OF THE HON'BLE HIGH COURT DATED 03/02/2022 IN WPC NO. 1759/2022 Exhibit P9 TRUE COPY OF THE LETTER DATED 04/02/2022 SUBMITTED BY THE PETITIONER Exhibit P10 TRUE COPY OF THE LETTER DATED 01/02/2022 AND RECEIVED BY THE PETITIONER ON 08/02/2022 REJECTING THE APPLICATION FOR RENEWAL OF LICENCE Exhibit P11 TRUE COPY OF THE TEMPORARY INJUNCTION ORDER DATED 9.2.2022 IN I.A.NO. 1 OF 2022 IN O.S.NO. 117 OF 2022 GRANTED BY THE HON'BLE MUNSIFF COURT, KOLLAM Exhibit P12 A TRUE COPY OF THE ORDER OF HON'BLE HIGH COURT IN WP (C) NO. 4631/2022 DATED 18/02/2022 W.P.(C)No. 25545 of 2025 ..7..
2025:KER:51798 Exhibit P13 TRUE COPY OF THE ORDER OF THE RESPONDENT NO. 3 DATED 05/02/2022 Exhibit P14 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 25/02/2022 Exhibit P15 TRUE COPY OF THE ORDER OF RESPONDENT NO.2 DATED 26/04/2022 RECEIVED BY THE PETITIONER ON 03/05/2022 Exhibit P16 TRUE COPY OF THE REVISION PETITION DATED 4.5.2022 FILED BY THE PETITIONER UNDER RULE 19 OF SAWMILL RULES Exhibit P17 COPY OF THE JUDGMENT DATED 07/07/2023 IN W.P(C) NO. 15392 OF 2022 PASSED BY THIS HON'BLE COURT Exhibit P18 TRUE COPY OF THE MEMO NO.PL1-5327/2021 DATED 27/06/2025 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT