Kerala High Court
Saji K.P vs State Of Kerala on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.26899 OF 2020(J)
PETITIONER:
SAJI K.P.
AGED 46 YEARS
S/O. LATE KUTTAPPAN NAIR, KALLARACKAL HOUSE,
VEETTOOR, NELLAD P.O, ERNAKULAM, PIN - 686669.
BY ADVS.
SRI.K.S.ARUN KUMAR
SRI.JUSTINE JACOB
SMT.BINDU MOHAN
SMT.AMRUTHA P S
SMT.AMRUTHA K P
SHRI.VIJAY SANKAR V.H.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO FOREST
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 PRINCIPAL CHIEF FOREST CONSERVATOR
(FOREST LAND AND RESOURCES), FOREST HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 DIVISIONAL FOREST OFFICER,
KODANAD, MEKKAPPALA, PIN - 686692,
4 DIVISIONAL FOREST OFFICER,
TIMBER SALES DIVISION, PERUMBAVOOR, PIN - 683547.
R1-4 BY GOVERNMENT PLEADER
OTHER PRESENT:
SPLGP.SRI.SANDESH RAJA.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26899 OF 2020(J) 2
JUDGMENT
Dated this the 4th day of February, 2021
The petitioner who claims to be a resident in a
property adjacent to the forest land and using the road
passing through the forest land, to reach his residence,
complaints that he is unable to use the said road
during night time and therefore seeks direction to the
respondents to keep the road open. According to the
petitioner the three roads through the forest land are
closed by the respondents and his road access is
denied even in emergency cases. It is stated that,
Exts.P3 and P4 representations are not considered.
2. The 4th respondent has filed a statement,
according to which the petitioner is residing adjacent
to the Government timber depot, Veettoor, which is the
biggest depot under the Timber Sales Division,
Perumbavur, having an area of 19.3 hectare with a
capacity to hold 20,000 m3 timber. It is also stated
that, the petitioner is using the forest road inside the
depot for access to the outer world; but his
movements were never obstructed by the depot
authorities. The said road leading to Muvattupuzh-
Kakkanadu road State High way is open during day
time and is closed only at night for the security
purpose of the timber depot where timber treasure
having crores of value, from various plantations in
Thrissur circle is kept for sale. It is stated that in order
to ensure protection of the timber closure of the road
during night time using a cross bar is not illegal;
however there is a small passage on one side of this
gate which is open for 24 hours, through which
pedestrians and two wheeler can pass.
3. Further it is stated that the roads are closed
only at 9.00 p.m. and are opened at 6.00 a.m. next
day. In case, any emergency situation arises during
night time, the depot staff are available to open the
road for them. It is also stated that, all the residents
are provided with the mobile phone numbers of the
depot staff and they are accessible during night time.
So, it is also stated that, the petitioner is permitted to
use the road during night time under the supervision of
the staff. In view of the security required for the timber
depot, since the number of staff available for its
protection of the timber depot is very limited, it
becomes essential to close these roads during night
time. It is stated that there had been several cases of
theft registered for illegal drifting of timber from the
depot. It is also stated that, the petitioner and other
beneficiaries had submitted their representations
before the President of the Mazhuvannoor Grama
Panchayath and the Panchayath had taken up the
demand before the Principal Chief Conservator of
Forests, who rejected the same stating that road
closure at night is essential for the security of the
timber depot.
4. In para 10 of the statement the 4th
respondent has stated as follows:-
"10. It is submitted that the aforementioned
Muvattupuzha-Kakkanadu state high way is in front
of the depot. The three roads mentioned by the
petitioner are all forest roads. One is the road
leading to main entrance of the depot towards the
above main road, in front of the depot office. The
second one is the road leading to another entrance
of the depot towards the main road just 100 metre
away from the main entrance. Third one is the road
towards the main road along the boundary of the
depot at the north western side along which the
petitioner is demanding free movement during night
hours, which is the easiest and shortest way for
them to access the main road. All these forest roads
inside the depot are meant for the transportation of
timber in and outside the depot. The colony
residents are allowed to use, even the road through
the main entrance during day time on a
humanitarian consideration. The petitioner's actual
aim is to obtain permission for free movement
through any of these roads during night time. But at
any cost this is not allowable. Once they are allowed
free movement at night time it will seriously affect
the entire security of the depot. There will be a
chance of occurring anti-social activities inside the
timber depot compound."
Though the learned Counsel for the petitioner
submitted that the petitioner would be satisfied with a
direction to consider the representation submitted by
him, in view of the explanation furnished by the
respondents for keeping the forest road closed during
night time and the requirement to protect the timber, I
am of the view that a direction to the Government to
consider the representation is not necessary.
Accordingly, this writ petition is dismissed.
Sd/-
P.V.ASHA
JUDGE
ska
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
DATED 04.06.2020 OF THE PETITIONERS
PROPERTY.
EXHIBIT P2 THE TRUE COPY OF THE LETTER DATED
05.02.2019 OF THE 2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED
10.04.2019 SUBMITTED BEFORE THE PRESIDENT,
MAZHUVANNOOR GRAMA PANCHAYATH.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED
30.11.2020 OF THE PETITIONER.
