Kerala High Court
State Of Kerala vs M/S. Harrisons Malayalam Ltd on 22 October, 2025
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WA NO. 1409 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WA NO. 1409 OF 2023
AGAINST THE ORDER DATED 22.06.2023 IN I.A.No.1/2023
WP(C) NO.6569 OF 2023 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS/RESPONDENTS IN W.P.(C):
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO
GOVERNMENT FOREST & WILDLIFE DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL CHIEF CONSERVATOR OF FOREST (FL&R)
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANATHAPURAM, PIN - 695001
3 CHIEF CONSERVATOR OF FORESTS
CENTRAL CIRCLE, VANAPRIYA FOREST COMPLEX
PARAVATTANI, THRISSUR, PIN - 680065
4 DIVISIONAL FOREST OFFICER
CHALAKKUDY FOREST DIVISION THRISSUR DISTRICT, PIN -
680307
5 RANGE FOREST OFFICER
VELLIKULANGARA RANGE KODALY, THRISSUR DISTRICT, PIN
- 680684
SRI.T.P.SAJAN-SPL.GP
RESPONDENT/RESPONDENT/PETITIONER IN W.P.(C):
M/S. HARRISONS MALAYALAM LTD
24/1624, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN
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- , REPRESENTED BY ITS HEAD - LEGAL, MR. SUMITH
BABU, PIN - 682003
BY ADV SHRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 22nd day of October 2025
NITIN JAMDAR, C.J.
Heard Mr. T.P. Sajan, learned Special Government Pleader
(Forests) for the Appellants.
2. When the appeal came up on board on 6 February 2025, the
learned Special Government Pleader sought to withdraw the appeal on the
ground that it has become infructuous. However, noting certain facts, the
following order came to be passed on 6 February 2025.
"Heard Mr. T. P. Sajan, learned Special Government
Pleader for the Appellants.
2. This appeal is filed by the State of Kerala,
represented by its Secretary to Government, Forest
& Wildlife Department, aggrieved by the order
dated 22 June 2023 passed by the learned Single
Judge, by which, the learned Single Judge rejected
the request made by the State for extension of the time
limit prescribed for cutting and removing the trees as
per the order dated 5 April 2023.
3. The appeal was filed on 21 July 2023. The contention
raised was that the subject matter of land in the writ
petition was a forest land which was leased out and
therefore it would fall within the purview of the Forest
Conservation Act and the permission of the Central
Government was also mandatory. The appeal thereafter
came up on board on 16 January 2025, but it was
defective. After curing the defect, the matter is listed on
board today. The learned Special Government Pleader
states that a withdrawal memo was filed on 29 January
2025 stating that the Divisional Forest Officer had
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informed that almost all the trees, except a few, had been
cut down and had instructed to withdraw the appeal as
per letter dated 27 January 2025.
4. It has been almost two years since the appeal was filed
and not prosecuted. Now, it is being withdrawn not on
merits but on the ground that all trees had been cut down
as per the direction. If an appeal is filed opposing a
direction, it should be prosecuted immediately. The
appeals are not to be filed for record purpose. We,
therefore, direct that an affidavit be filed by the Appellant
No.2 - the Principal Chief Conservator of Forests
(FL&R), after examining the position.
5. For filing the affidavit, post the matter on 27
February 2025."
3. Thereafter, additional affidavits were filed. Since we were not
satisfied with these affidavits, a further affidavit was filed by the Principal
Chief Conservator of Forest (FL&R), wherein the Chief Conservator of
Forests in paragraph No.13 has tendered an unconditional apology as
under:
"13. It is respectfully submitted that the action of the
respondent in cutting the trees without obtaining
permission of the Central Government by deviation of
working plan is not in accordance with the position of
law explained the judgment of the Hon'ble Supreme
court dated 12.04.1996 in WPC 202/1995. It is
respectfully submitted that there is no wilful negligence
or disobedience or intentional violation in cutting the
trees before getting the permission of the Central
Government. It was in the circumstance explained
above the trees were happened to be cut without
following the position of law declared in the above
judgment. This deponent may be permitted to tender
unconditional apology tor the unintentional omission
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on the part of appellants in not following the position of
law declared in the judgment referred above in cutting
the trees and it is most humbly prayed that the same
may kindly be accepted. It is respectfully submitted that
in the above circumstance, the Honourable Court may
be pleased to accept this affidavit and permit the
appellants to withdraw the writ appeal."
4. The Principal Chief Conservator of Forest, in the above
paragraph, has accepted that the action of the Respondent in cutting the
trees without obtaining permission from the Central Government was in
deviation of the working plan and not in accordance with the legal
position explained by the Hon'ble Supreme Court. Despite this
acknowledgment, the position appears to have been overlooked, and the
trees have now been cut.
5. Now that this is the resulting position and an unconditional
apology has been tendered, we are of the opinion that the matter now
requires closure.
6. The writ appeal is accordingly disposed of.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
uu
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PETITIONER ANNEXURES
Annexure A1 True copy of the letter issued by the
respondent herein dated 20.07.2023
