Sebastian K.D vs State Of Kerala
2023 Latest Caselaw 7060 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 15717 OF 2023
PETITIONER:

           SEBASTIAN K.D
           AGED 48 YEARS
           S/O DEVASSYA,
           KAPPIYANGAL HOUSE,
           MALOM VILLAGE,
           VELLIKKUNDU TALUK,
           PARAMBA P.O, KASARGOD DISTRICT, PIN - 671533
           BY ADV B.SABITHA (DESOM)

RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           DEPARTMENT OF FOREST, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    2      THE DIVISIONAL FOREST OFFICER (D.F.O.)
           SOUTH WAYANAD DIVISION,
           PINANGOD ROAD,
           DIVISIONAL FOREST OFFICE,
           KALPETTA, PIN - 673121
    3      THE FOREST RANGE OFFICER
           BEGUR RANGE, MANANTHAVADY, PIN - 670645
    4      ADDL.R4 : T.P JOSEPH, AGED 60 YEARS,
           S/O T.P PONNUS, THUNDUPARAMBIL HOUSE,
           MUNDERI, KALPATTA P.O.,
           VAITHIRI TALUK,
           WAYANAD DISTRICT - 673 121
    5      ADDL R5 : T.P. ALAX, AGED 58 YEARS,
           S/O T.P PONNUS, THUNDUPARAMBIL HOUSE,
           MUNDERI, KALPATTA P.O.,
           VAITHIRI TALUK, WAYANAD DISTRICT - 673 121
           (ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 AND 5 IN THE
 WP(C) NO.15717   OF 2023


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          WRIT PETITION AS PER ORDER DATED 23.06.2023
          IN I.A NO.1/2023)
          BY ADVS.
          SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER
          SRI.P.SAJU - R4 & R5




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.15717     OF 2023


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               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No.15717 of 2023
      ----------------------------------------------
       Dated this the 23rd day of June, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(a) Issue a Writ of Mandamus or any other Writ, Order or direction directing the 3 rd respondent to allow the petitioner to transport the timbers from the property as per the Ext.P3-P6 passes issued by the 3rd respondent.

(b) This Hon'ble Court may be pleased to dispense with filing of the English translation of vernacular documents as per order dated 04.08.2022, and

(c) Issue such other writ, order or direction as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case."[SIC]

2. It is submitted that the petitioner as per WP(C) NO.15717 OF 2023

sale agreement between the additional respondents

Nos.4 and 5, obtained the right to cut down the trees

situated at their land comprising in an area of 8.2800

Hector in Thirunelli Village, Block No.1. It is

submitted that, as per order No.B.2.1301/2022 dated

07.03.2023 and order No.B.2.1300/2022 dated

08.03.2023, the 3rd respondent has given permission

to additional respondent Nos.4 and 5, who are the

owners of the properties, to cut down the trees and

subsequently the passes have been issued by the 3 rd

respondent to additional respondents 4 and 5 to

transfer the timbers from the property. When the

petitioner started to cut the trees on 15.03.2023, the

petitioner was unable to transport the timbers from

the property because of the obstruction from the 3 rd

respondent. It is submitted that the petitioner is only

removing the trees for which permit and pass is WP(C) NO.15717 OF 2023

issued. Hence this writ petition is filed.

3. Heard the learned counsel appearing for

the petitioner, the learned Government Pleader and

the learned counsel appearing for respondent Nos. 4

and 5.

4. Counsel for the petitioner reiterated the

contentions raised in this writ petition. The

Government Pleader filed a statement in which it is

stated that the persons to whom the permission was

granted to cut and remove the trees are not in the

party array. Now, an impleading petition is filed and

they are impleaded as additional respondent Nos. 4

and 5. The counsel appearing for respondents 4 and

5 submitted that, there is an agreement with the

petitioner and as per the agreement, the petitioner

was allowed to cut and remove the trees as per the

pass and permit issued. In the light of the above WP(C) NO.15717 OF 2023

submission, this writ petition can be allowed.

Therefore, this writ petition is allowed in the

following manner:

i. There will be a direction to the 3rd

respondent to allow the petitioner to transport

the timbers from the property as per Exts.P3 to

P6 passes issued by the 3rd respondent and there

shall not be any obstruction from the side of the

3rd respondent or from his officers, if the timber is

transported strictly based on Exts.P3 to P6

passes.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.15717 OF 2023

APPENDIX OF WP(C) 15717/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.

B.2.1301/22 DATED 7.3.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO.

B.2.1300/22 DATED 8.3.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE PASS NO. 7/2023-24 DATED 18.4.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE PASS NO. 15/2023-

24 DATED 20.4.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE PASS NO. 13/2023-

24 DATED 20.4.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE PASS NO. 14/2023-

24 DATED 20.4.2023 ISSUED BY THE 3RD RESPONDENT RESPONDENT ANNEXURES ANNEXURE R3(A) TRUE COPY OF THE COMPLAINT DATED 28.4.2023 .

ANNEXURE R3(B) TRUE COPY OF THE ORDER NO.B2 1300/2022 DATED 3.5.2023 OF RFO BEGUR ANNEXURE R3(C) TRUE COPY OF THE ORDER NO.B2 1301/2022 DATED 3.5.2023 OF RFO BEGUR WP(C) NO.15717 OF 2023

ANNEXURE R3(D) TRUE COPY OF THE ACKNOWLEDGEMENT . ANNEXURE R3(E) TRUE COPY OF THE ACKNOWLEDGEMENT .

RESPONDENTS EXHIBITS : NIL
        //TRUE COPY//                  PA TO JUDGE