Kerala High Court
C.B Udayakumar vs The State Of Kerala on 14 July, 2025
2025:KER:51798
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 25545 OF 2025
PETITIONER:
C.B UDAYAKUMAR
AGED 58 YEARS
PROPRIETOR, M/S B.R WOOD INDUSTRIES MANGADU P.O, KOLLAM
THROUGH HIS POWER OF ATTORNEY HOLDER MR. C.B JAYAKUMAR,
AGED 55 YEARS S/O K.V BHARATHAN, R/O SALILALAYAM,
MANGAD PO, MANGAD VILLAGE, KOLLAM., PIN - 691015
BY ADVS.
SHRI.S.GANESH
SHRI.ASWIN KUMAR M J
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, KERALA FOREST AND
WILDLIFE DEPARTMENT ROOM NO. 403, 4TH FLOOR, ANNEX I,
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF FOREST CONSERVATOR
OFFICE OF CHIEF FOREST CONSERVATOR SOTHERN CIRCLE,
KOLLAM., PIN - 691001
3 THE DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE PUNALUR FOREST DIVISION
PUNALUR P.O, KOLLAM., PIN - 691305
4 DR. AJITHAKUMARI. K
D/O LATE KAMAKABHAI KRISHNA, POONTHI ROAD ANAYARA P.O,
THIRUVANANTHAPURAM, PIN - 695029
W.P.(C)No. 25545 of 2025
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5 ANILKUMAR
S/O PRABHAKARAN KIZHAKKEVILAMEKKEVEEDU MANGADU
P.O, KOLLAM, KARAMKODU P.O, KOLLAM. NOW RESIDING
AT KAMALALAYAM, PIN - 691529
6 DR. JAYAKUMAR PRABHAKARAN
S/O PRABHAKARAN KRIPA, KARAMCODE P.O KOLLAM.,
PIN - 691572
BY ADV.T.P.SAJAN - SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No. 25545 of 2025
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J U D G M E N T
Dated this the 14th day of July, 2025
Ext.P17 judgment directed maintenance of the status quo,
until the petitioner's revision is considered and an Order
is communicated to the petitioner and further, for a week
thereafter. It is the petitioner's claim that no order was
communicated to him informing the fate of his revision,
although he was formally heard. Now, the petitioner has
been issued with a stop memo, which was served in the
WhatsApp of the petitioner's power of attorney holder. The
stop memo is under challenge.
2. This Court specifically directed the learned Special
Government Pleader (Forest) to ascertain whether a
communication has been issued to the petitioner of the
fate of the revision preferred by him. Learned Special
Government Pleader, after instructions, would submit that
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the communication has been sent in the ordinary post, as
disclosed from the despatch register, a copy of the
relevant page of which has been handed over to this Court,
for perusal. A perusal of the said page would not indicate
even that the order has been issued to the petitioner, by
ordinary post. That apart, this Court is of the view that,
when the judgment of the High Court directs communication
of the revisional Order to the petitioner, the same has to
be done in a fool-proof manner, so that, if a question
arises, the Department should be in a position to
establish that the judgment has been complied with. The
Department has not exhibited the due care in this regard.
3. In the circumstances, Ext.P18 stop memo, communicated
through WhatsApp, will stand quashed. The learned
Government Pleader has handed over a copy of the
revisional Order to the learned counsel for the petitioner
today. No precipitate action shall be taken against the
petitioner's Saw Mill, until the expiry of ten days from
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today, that is to say, till 25.07.2025. It will be open
for the petitioner to challenge the revisional Order by
taking recourse to the remedy available to him under law.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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APPENDIX OF WP(C) 25545/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RENT AGREEMENT DATED
10/06/2016
Exhibit P2 TRUE COPY OF THE APPLICATION FOR
RENEWAL OF LICENCE SUBMITTED BY THE
PETITIONER
Exhibit P3 TRUE COPY OF THE COMMUNICATION OF
CHIEF FOREST CONSERVATOR DATED
10/10/2019
Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN
W.P.C.NO. 1606 OF 2021 OF THE HON'BLE
HIGH COURT DATED 24/01/2022
Exhibit P5 TRUE COPY OF THE LETTER OF THE
PETITIONER DATED 25/01/2022
Exhibit P6 TRUE COPY OF THE LETTER OF RESPONDENT
NO. 3 DATED 10/01/2022, WHICH WAS
HANDED OVER TO PETITIONER ON
25/01/2022
Exhibit P7 TRUE COPY OF THE LETTER OF PETITIONER
DATED 27/01/2022
Exhibit P8 TRUE COPY OF THE INTERIM ORDER OF THE
HON'BLE HIGH COURT DATED 03/02/2022 IN
Exhibit P9 TRUE COPY OF THE LETTER DATED
04/02/2022 SUBMITTED BY THE PETITIONER
Exhibit P10 TRUE COPY OF THE LETTER DATED
01/02/2022 AND RECEIVED BY THE
PETITIONER ON 08/02/2022 REJECTING THE
APPLICATION FOR RENEWAL OF LICENCE
Exhibit P11 TRUE COPY OF THE TEMPORARY INJUNCTION
ORDER DATED 9.2.2022 IN I.A.NO. 1 OF
2022 IN O.S.NO. 117 OF 2022 GRANTED BY
THE HON'BLE MUNSIFF COURT, KOLLAM
Exhibit P12 A TRUE COPY OF THE ORDER OF HON'BLE
HIGH COURT IN WP (C) NO. 4631/2022
DATED 18/02/2022
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Exhibit P13 TRUE COPY OF THE ORDER OF THE
RESPONDENT NO. 3 DATED 05/02/2022
Exhibit P14 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER DATED 25/02/2022
Exhibit P15 TRUE COPY OF THE ORDER OF RESPONDENT
NO.2 DATED 26/04/2022 RECEIVED BY THE
PETITIONER ON 03/05/2022
Exhibit P16 TRUE COPY OF THE REVISION PETITION
DATED 4.5.2022 FILED BY THE PETITIONER
UNDER RULE 19 OF SAWMILL RULES
Exhibit P17 COPY OF THE JUDGMENT DATED 07/07/2023
IN W.P(C) NO. 15392 OF 2022 PASSED BY
THIS HON'BLE COURT
Exhibit P18 TRUE COPY OF THE MEMO NO.PL1-5327/2021
DATED 27/06/2025 ISSUED BY THE OFFICE
OF THE 3RD RESPONDENT
