Jasmon V.P vs The Divisional Forest Officer
2021 Latest Caselaw 23952 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                       WP(C) NO. 28559 OF 2021
PETITIONERS:

     1     JASMON V.P
           AGED 39 YEARS
           S/O MUHAMMED, VADAKKEPURATH HOUSE, MARIYAD P.O.MANJERI,
           MALAPPURAM DISTRICT
     2     SHIHABUDHEEN M,
           AGED 38 YEARS
           S/O ENNI MUHAMMED, MUTTONGADAN, MARIYAD P.O.MANJERI,
           MALAPPURAM DISTRICT
     3     ISHAQUE,
           AGED 39 YEARS
           S/O AHAMMED HAJI, KURUNGODATH HOUSE, PALLIYALI,
           MARIYAD P.O.MANJERI, MALAPPURAM DISTRICT
     4     PRASANTH P,
           AGED 35 YEARS
           S/O CHANDU, MELEKANDIYIL HOUSE, MARIYAD P.O.MANJERI,
           MALAPPURAM DISTRICT
           BY ADV K.RAKESH


RESPONDENTS:

     1     THE DIVISIONAL FOREST OFFICER
           DIVISIONAL FOREST OFFICE, ERANHIPALAM,
           KOZHIKODE DISTRICT, PIN-673 020.

     2     THE FOREST RANGE OFFFICER,
           PERUVANNAMUZHI FOREST RANGE OFFICE, KOZHIKKODE,
           KOZHIKKODE DISTRICT, PIN-673 526


           SRI.TP.SAJAN SPL. GP (FOREST)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28559 OF 2021          2




                             JUDGMENT

Dated this the 13th day of December, 2021

The petitioners, who are accused in O.R.No.5 of 2021 of

Peruvannamuzhi Forest Station, have approached this Court

seeking to direct the 1st respondent to consider and pass

orders on Ext.P1 application for compounding as expeditiously

as possible.

2. The petitioners state that they are accused in

O.R.No.5 of 2021 of Peruvannamuzhi Forest Station,

registered by the 2nd respondent for offences punishable under

Sections 47B, 47C, 47E, 47G and 47H of the Kerala Forest

Act, 1961. It is alleged that on 22.09.2021, the petitioners were

found in possession of 54.3 Kgms of sandalwood, tools and

instruments for cutting sandal woods along with vehicle bearing

registration No.KL-56C-441.

3. The petitioners would submit that under Section 68

of the Kerala Forest Act, 1961, the offences are compoundable

and to compound the offence, the petitioners have filed Ext.P1

compounding petition on 01.12.2021 before the 1 st respondent.

The petitioners seek to direct the 1st respondent to consider

Ext.P1.

4. I have heard the learned counsel for the petitioners

and the learned Special Government Pleader (Forest).

5. Ext.P1 is an application of statutory nature filed

under Section 68 of the Kerala Forest Act. Therefore, this

Court is of the view that the 1 st respondent is duty bound to

consider Ext.P1 application within a reasonable time, in

accordance with law.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to consider Ext.P1 application for

compounding filed by the petitioner under Section 68 of the

Kerala Forest Act,1961, within a period of one month.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 28559/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPOUNDING PETITION FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 26.11.2021

Exhibit P1(A) TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXHIBIT P1 RESPONDENT EXHIBITS NIL