Kerala High Court
M/S. Kottackal Timbers vs The State Of Kerala Represented By ... on 15 January, 2021
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27418 OF 2020(B)
PETITIONER:
M/S. KOTTACKAL TIMBERS, HAVING OFFICE NEAR RELIANCE
PUMP,K.P.ROAD, ADOOR REPRESENTED BY ITS MANAGING
PARTNER RAJAN MATHEW, AGED 64 YEARS,S/O.K.V.MATHEW,
RESIDING AT KOTTACKAL HOUSE, ADOOR P.O.,
PATHANAMTHITTA-691523.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF
SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD
OF DEPARTMENT,FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
3 THE CHIEF CONSERVATOR OF FOREST, SOUTHERN CIRCLE,
OFFICE OF CCF(SOUTHERN CIRCLE), CHAMAKADA,
KOLLAM-691001.
4 DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION,
PUNALUR P.O., KOLLAM DISTRICT-691305.
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 2
5 DEPOT OFFICER, KONNI TIMBER DEPOT, ARUVAPPULAM
P.O., PATHANAMTHITTA-689691.
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST)
SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.01.2021, ALONG WITH
WP(C).27439/2020(D), WP(C).27488/2020(I), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 3
HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27439 OF 2020(D)
PETITIONER:
KOTTACKAL TIMBERS
HAVING OFFICE NEAR RELIANCE PUMP, K. P. ROAD,
ADOOR, REPRESENTED BY ITS MANAGING PARTNER, RAJAN
MATHEW, AGED 64 YEARS, S/O. K. V. MATHEW, RESIDING
AT KOTTACKAL HOUSE, ADOOR P. O., PATHANAMTHITTA -
691 523.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD
OF DEPARTMENT,
FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3 THE CHIEF CONSERVATOR OF FOREST,
SOUTHERN CIRCLE, OFFICE OF CCF (SOUTHERN CIRCLE),
CHAMAKADA, KOLLAM - 691 001.
4 DIVISIONAL FOREST OFFICER,
TIMBER SALES DIVISION, PUNALUR P.O.,
KOLLAM DISTRICT - 691 305.
5 RANGE FOREST OFFICER/DEPOT OFFICER
KONNI TIMBER DEPOT, ARUVAPPULAM P.O.,
PATHANAMTHITTA - 689 691.
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 4
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST)
SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, ALONG WITH WP(C).27418/2020(B), WP(C).27488/2020(I),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27488 OF 2020(I)
PETITIONER:
M/S.KOTTACKAL TIMBERS
HAVING OFFICE NEAR RELIANCE PUMP, K.P.ROAD, ADOOR
REPRESENTED BY ITS MANAGING PARTNER RAJAN MATHEW,
AGED 64 YEARS, S/O. K.V.MATHEW, RESIDING AT
KOTTACKAL HOUSE, ADOOR P.O.,
PATHANAMTHITTA - 691 523.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD
OF DEPARTMENT, FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3 THE CHIEF CONSERVATOR OF FOREST,
SOUTHERN CIRCLE, OFFICE OF CCF (SOUTHERN CIRCLE),
CHAMAKADA, KOLLAM - 691 001.
4 DIVISIONAL FOREST OFFICER
TIMBER SALES DIVISION OF PUNALUR, PUNALUR P. O.,
KOLLAM DISTRICT - 691 305.
5 DEPOT OFFICER
KONNI TIMBER DEPOT, ARUVAPPULAM P. O.,
PATHANAMTHITTA - 689 691.
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 6
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI
K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, ALONG WITH WP(C).27418/2020(B), WP(C).27439/2020(D),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 7
P.V.ASHA, J.
--------------------------
W.P(C).Nos.27418 of 2020-B
27439 of 2020-D
and
27488 of 2020-I
-------------------------------------------
Dated this the 15th day of January, 2021
JUDGMENT
These Writ Petitions have been filed seeking similar reliefs. The reliefs sought for
in W.P(C).No.27418 of 2020 read as follows:
"1) To issue a writ of mandamus or any appropriate writ or
direction, directing the 1st respondent to take up Exhibit P7
representation and pass orders therein in accordance with law and
practice evident by Exhibit P5 and P6 within a time frame fixed by this
Hon'ble Court;
2) To issue a writ of mandamus or any appropriate writ or
direction, directing the respondent 2 to 4 to take up respective
representations before them evident by Ext.P2 to P4 and Ext.P7 and pass
orders therein in accordance with law and practice evident by Exhibit P5
and P6 within a time frame fixed by this Hon'ble Court;
3) To issue a writ of mandamus or any appropriate writ or
direction, directing the respondents not to re-auction Maruthi Timber in
Lot no.456/19; 459/19, 476/19; 496/19; 509; 526/19; 527/19; 532/19 till
a decision is taken by the respondents 1 to 4 in Ext.P2 to P4 and Ext.P7
application for extension of time; stud
and
4) Such other Writ, Orders or Directions deem fit on facts and
in the interest of justice."
W.P(C).Nos.27418/2020-B, 27439/2020-D
2. This Court passed an interim order on 22.12.2020 directing the respondents
to release the timber to the petitioner on payment of the entire amount, including ground
rent and penal interest. On the basis of the said interim order, the entire timber was
removed by the petitioner. Therefore, nothing survives in these Writ Petitions. It is made
clear that the interim order was passed taking note of the peculiar circumstances arising
in the case. This shall not be treated as a precedent.
In the above circumstances, the Writ Petitions are closed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).Nos.27418/2020-B, 27439/2020-D
APPENDIX OF WP(C) 27418/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ACCEPTANCE LETTER FOR
E-AUCTION NO.MSTC/TVC/KERALA FOREST
DEPARTMENT/52/PUNALUR/19-20/25167 DATED
25.11.2019.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
4TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED
07.08.2020 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE
G.O(MS)NO.302/2019/FOREST DATED 02.08.2019
THROUGH WHICH TIME EXTENSION WAS GRANTED TO
PAY AMOUNT AND REMOVE TIMBER.
EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.P64/19 DATED
19.07.2019 ISSUED BY DEPOT RANGE OFFICER,
PARAMPUZHA, KOTTAYAM.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED
02.12.2020 SENT BY THE PETITIONER TO THE
1ST RESPONDENT WITH COPY TO OTHER
RESPONDENTS.
RESPONDENTS' EXHIBITS
ANNEXURE R4(a) TRUE COPY OF THE PRO.(4)-29243/2013 DATED
21.08.2014.
ANNEXURE R4(b) TRUE COPY OF THE E-AUCTION NOTIFICATION
DATED 9.11.2018.
ANNEXURE R4(c) TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED
15.7.2020.
ANNEXURE R4(d) TRUE COPY OF THE TABULATION STATEMENT OF
THE PENAL INTEREST AND THE GROUND RENT
CALCULATED BY THE FOREST DEPARTMENT.
W.P(C).Nos.27418/2020-B, 27439/2020-D
APPENDIX OF WP(C) 27439/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ACCEPTANCE LETTER FOR
E-AUCTION NO.MSTC/TVC/KERALA FOREST
DEPARTMENT/48/PUNALUR/19-20/23337 DATED
07.11.2019.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
4TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED
07.08.2020 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE G.O.(MS)
NO.302/2019/FOREST DATED 02.08.2019 THROUGH
WHICH TIME EXTENSION WAS GRANTED TO PAY
AMOUNT AND REMOVE TIMBER.
EXHIBIT P6 THE TRUE COPY OF THE ORDER NO. P64/19 DATED
19.07.2019 ISSUED BY DEPOT RANGE OFFICER,
PARAMPUZHA, KOTTAYAM.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED
02.12.2020 SENT BY THE PETITIONER TO THE
1ST RESPONDENT WITH COPY TO OTHER
RESPONDENTS.
EXHIBIT P8 THE TRUE COPY OF THE LETTER NO.KND.44/19
DATED 09.10.2020 OF THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS
ANNEXURE R4(a) TRUE COPY OF THE PRO.(4)-29243/2013 DATED
21.08.2014.
ANNEXURE R4(b) TRUE COPY OF THE E-AUCTION NOTIFICATION
DATED 9.11.2018.
ANNEXURE R4(c) TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED
15.7.2020.
ANNEXURE R4(d) TRUE COPY OF THE TABULATION STATEMENT OF
THE PENAL INTEREST AND THE GROUND RENT
CALCULATED BY THE FOREST DEPARTMENT.
W.P(C).Nos.27418/2020-B, 27439/2020-D
APPENDIX OF WP(C) 27488/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ACCEPTANCE LETTER FOR
E-AUCTION NO.MSTC/TVC/KERALA FOREST
DEPARTMENT/45/PUNALUR/19-20/22661 DATED
02.11.2019.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED
29.06.2020 PREFERRED BY THE PETITIONER TO
4TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED
07.08.2020 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE G.O.(MS)
NO.302/2019/FOREST DATED 02.08.2019 THROUGH
WHICH TIME EXTENSION WAS GRANTED TO PAY
AMOUNT AND REMOVE TIMBER.
EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.P64/19 DATED
19.07.2019 ISSUED BY DEPOT RANGE OFFICER,
PARAMPUZHA, KOTTAYAM.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED
02.12.2020 SENT BY THE PETITIONER TO THE
1ST RESPONDENT WITH COPY TO OTHER
RESPONDENTS.
RESPONDENTS' EXHIBITS
ANNEXURE R4(a) TRUE COPY OF THE PRO.(4)-29243/2013 DATED
21.08.2014.
ANNEXURE R4(b) TRUE COPY OF THE E-AUCTION NOTIFICATION DATED
9.11.2018.
ANNEXURE R4(c) TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED
15.7.2020.
ANNEXURE R4(d) TRUE COPY OF THE TABULATION STATEMENT OF THE
PENAL INTEREST AND THE GROUND RENT CALCULATED
BY THE FOREST DEPARTMENT.
