Aspinwall And Company Ltd vs Divisional Forest Officer
2023 Latest Caselaw 6069 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        WP(C) NO. 18672 OF 2023
PETITIONER:

            ASPINWALL AND COMPANY LTD,
            AGED 34 YEARS
            (PREVIOUSLY PULLANGODE RUBBER AND PRODUCE COMPANY LTD)
            PULLANGODE ESTATE, KALIKAVU, MALAPPURAM DISTRICT
            REPRESENTED BY SECRETARY, NEERAJ.R VARMA, S/O
            K.RAVINDRA VARMA, ATHIRA, MANGALALAYAM PALACE,
            THRIPUNITHURA, ERNAKULAM, PIN - 682030

            BY ADVS.
            V.M.KRISHNAKUMAR
            P.S.SIDHARTHAN



RESPONDENTS:

    1       DIVISIONAL FOREST OFFICER,
            NILAMBUR SOUTH FOREST RANGE, MANALODY, NILAMBUR,
            MALAPPURAM, PIN - 679329

    2       FOREST RANGE OFFICER,
            KALIKAVU FOREST RANGE, WANDOOR, MALAPPURAM DISTRICT,
            PIN - 679328

    3       TAHSILDAR,
            NLAMBUR TALUK, TALUK OFFICE, KOZHIKODE-NILAMBUR-
            GUDALLUR ROAD, NILAMBUR, MALAPPURAM DISTRICT, PIN -
            679329

    4       VILLAGE OFFICER,
            KALIKAVU VILLAGE, KALIKAVU, MALAPPURAM, PIN - 676525


OTHER PRESENT:

            SRI.SANGEETH.C.U, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.18672 of 2023

                                      2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.18672 of 2023
          ---------------------------
            Dated this the 9th day of June, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i. Issue a writ in the nature of mandamus commanding the 4th respondent to give necessary communication to the 2nd respondent consenting for granting permission to cut and remove trees mentioned in Ext.P9, within such time as may be fixed by this Hon'ble Court.

ii. In the alternative issue a writ in the nature of mandamus commanding the 4th respondent to issue communication to the 2nd respondent to cut and remove trees as requested in Ext.P9 communication, within such time as may be fixed by this Hon'ble Court.

iii. issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

iv. award cost of this proceedings to the petitioner.

v. dispense with filing of the translation of vernacular documents produced as Exhibits in the writ petition. "

(SIC)

2. The main prayer in this writ petition is to issue an

appropriate direction to the 4th respondent to give

necessary communication to the 2 nd respondent for granting

permission to cut and remove trees mentioned in Ext.P9.

The petitioner already submitted Ext.P9 before the 2 nd

respondent. I am of the considered opinion that this writ

petition need not be retained here. There can be a direction W.P (C) No.18672 of 2023

to the 2nd respondent to consider Ext.P9, after giving an

opportunity of hearing to the petitioner, within a time

frame. I make it clear that I have not considered the matter

on merit and the 2nd respondent is free to pass appropriate

orders.

Therefore, this writ petition is disposed of with the

following directions:-

i) The 2nd respondent is directed to consider Ext.P9 and take an appropriate decision in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance.

iii) I make it clear that I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.18672 of 2023

APPENDIX OF WP(C) 18672/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT ENTRY IN THE BASIC TAX REGISTER (FORM F OF VILLAGE OFFICE, KALIKAVU)

Exhibit P2 TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT DATED 28.02.2022

Exhibit P3 TRUE COPY OF THE FINAL ORDER OF THE TALUK LAND BOARD DATED 26.06.1986

Exhibit P4 TRUE COPY OF THE ORDER IN SR.NO.2/1997 DATED 17.02.2000

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 18.02.2016 IN WP(C).NO.20028/2004

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 13.04.2022 SUBMITTED BY THE PETITIONER

Exhibit P7 TRUE COPY OF THE INFORMATION OBTAINED BY PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 02.07.2022

Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE TALUK LAND BOARD TO THE VILLAGE OFFICER DATED 11.08.2022

Exhibit P9 TRUE COPY OF THE LETTER DATED 06.02.2023 ALONG WITH APPLICATION AND LIST OF TREES SUBMITTED BY THE PETITIONER