K. T. George vs The Assistant Wildlife Warden
2023 Latest Caselaw 7159 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. 20596 OF 2023
PETITIONER:

             K. T. GEORGE
             AGED 61 YEARS
             S/O. K. M. THOMAS,
             RESIDING AT KUNNUMPURATH HOUSE,
             VANIYAMPARA POST,
             TRISSUR DISTRICT., PIN - 680652
             BY ADV VINOD VALLIKAPPAN

RESPONDENTS:

     1       THE ASSISTANT WILDLIFE WARDEN
             OFFICE OF THE WILDLIFE WARDEN, PEECHI,
             THRISSUR DISTRICT., PIN - 680653
     2       THE VILLAGE OFFICER
             PEECHI VILLAGE, PATTIKAD BUS STAND ROAD,
             PANANCHERY TRISSUR DISTRICT., PIN - 680652
             BY ADV SHRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST)
             ADV.SANGEETH C.U., SPL.GP FOREST


      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.20596 /2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.20596 of 2023
             ----------------------------------------------
            Dated this the 23rd day of June, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. to issue a writ in the nature of mandamus or any other appropriate writ, direction, or order calling for the records leading to Exhibit P3 order and direct the first respondent to grant permission to cut and transport the trees as sought for in Exhibit P1 application.

ii. to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iii. to award the cost of this petition. iv. to dispense, with the translation of the document in the Vernacular language. (SIC)

2. Petitioner is aggrieved by Ext.P3 order of the

Assistant Wildlife Warden, in which it is clearly stated that

proper authority to deal this issue is the Revenue Department. WP(C).No.20596 /2023

It is also stated that if the petitioner is aggrieved by Ext.P3, he

can file an appeal before the Wildlife Warden, Peechi.

3. In such circumstances, I am of the considered

opinion that this writ petition need not be entertained. At this

stage, the counsel for the petitioner submitted that the

petitioner will file a representation narrating his grievance

before the 2nd respondent and there may be a direction to the

2nd respondent to consider that representation. I think that

prayer can be allowed.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

before the 2nd respondent narrating his

grievance, as expeditiously as possible, at any

rate, within one week from the date of receipt of

a stamped certified copy of this judgment.

2. Once such a representation is received, the 2 nd

respondent will consider the same and pass

appropriate orders in it, after affording an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within 45 WP(C).No.20596 /2023

days from the date of receipt of the

representation.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.20596 /2023

APPENDIX OF WP(C) 20596/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE1ST RESPONDENT DATED 01-09-2022 WITH TYPED COPY.

Exhibit-P2 A TRUE COPY OF THE JUDGMENT IN WP ( C ) 40056 OF 2022 DATED 27-01-2023 BY THIS HONOURABLE COURT.

Exhibit-P3 A TRUE COPY OF THE ORDER DATED 08-03-

2023 PASSED BY THE FIRST RESPONDENT ON THE EXHIBIT P1 APPLICATION.