Kerala High Court
K.V.Sebi vs Chief Conservator Of Forests on 28 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 9715 OF 2017
PETITIONER:
K.V.SEBI
S/O K.D. VARGHESE, M/S VARGHESE A & SONS WOOD
INDUSTRIES,BUILDING NO. VI/211, MUNDUR, KAIPARAMBU,
ANJOOR, THRISSUR DT.
BY ADVS.
SRI.THAMPAN THOMAS
SRI.B.V.JOY SANKER
RESPONDENTS:
1 CHIEF CONSERVATOR OF FORESTS
(SPECIAL AFFORESTATION) & NODAL OFFICER,CONVENER,
STATE LEVEL COMMITTEE,KERALA, FOREST HEAD
QUARTERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
2 CONSERVATOR O FORESTS (CENTRAL CIRCLE)
VANAPRIYA FOREST COMPLEX,PARAVATTANI P.O, THRISSUR-
680005.
3 DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE,CIVIL STATION
CAMPUS,AYYANTHOLE, THRISSUR DT.-680 002.
4 DEPUTY RANGE FOREST OFFICER
PONGANAMKADU, THRISSUR-680 631.
BY ADV.
SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9715 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 9715 of 2017
------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) to issue a writ of mandamus or other
appropriate writ order or direction quashing Ext.P-4.
ii) declare that the composition of offence as
per Ext.P-2 does not amounts conviction and the
further proceeding to cancel the license issued to the
petitioner to run the sawmill namely M/s Varghese &
Sons Wood Industries is illegal unjust and arbitrary.
iii) to issue any such other writ order or
direction this Honourable Court deems fit in the
circumstances of the case; and
iv) to award the cost of petition."[SIC]
2. The petitioner challenged Ext.P4 notice issued
by the 3rd respondent. The learned Special
Government Pleader (Forest) submitted that, petitioner
has got a remedy against Ext.P4 before the 2 nd
respondent. If that be the case, the petitioner can file
an appeal before the 2nd respondent.
3. When this Writ petition came up for
consideration on 22.03.2017, this Court stayed the
operation of Ext.P4 for a period of three months. The
above interim order was extended thereafter.
Therefore, the interim order can continue, if the
appeal is filed within a time fixed by this Court.
Therefore, this Writ petition is disposed of in the
following manner:
1. The petitioner is free to file an appeal against
Ext.P4 within 30 days from the date of receipt
of a copy of this judgment.
2. If such an appeal is received, the 2 nd
respondent will consider the same and pass
appropriate orders in it, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt
of the appeal.
3. If the appeal is filed as directed above, further
proceedings consequent to Ext.P4 shall be kept
in abeyance till final orders are passed in the
appeal.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
APPENDIX OF WP(C) 9715/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY
THE FOREST DEPARTMENT TO THE
PETITIONER DATED 26-11-16
EXHIBIT P2 TRUE COPY OF THE ORDER NO.TA 4-943/16
DATED 07-10-2016 OF THE 3RD
RESPONDENT UNDER SECTION 61A`
EXHIBIT P3 TRUE COPY OF THE ORDER NO.TA6-
6085/16 DATED 15-10-2016 ISSUED BY THE
3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 27-02-
2017 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE APPEAL NO.62/2017
UNDER SECTION 61(D0(11) OF THE KERALA
FOREST ACT ALONG WITH A PETITION TO
CONDONE THE DELAY AND STAY PETITION
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
