Kerala High Court
Baby Joseph vs State Of Kerala on 29 September, 2025
2025:KER:72826
WP(C) NO. 35960 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
WP(C) NO. 35960 OF 2025
PETITIONER(S):
BABY JOSEPH
AGED 66 YEARS
S/O JOSEPH, GOVERNMENT FOREST CONTRACTOR, THAYYIL HOUSE,
TEEKOY, P.O. KOTTAYAM, PIN - 656580
BY ADV SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF FOREST AND
WILDLIFE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR
(FOREST MANAGEMENT), FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 CHIEF CONSERVATOR OF FOREST
CENTRAL CIRCLE, PRIYADARSINI NAGAR, PARAVATTANI,
THRISSUR, PIN - 680005
4 DIVISIONAL FOREST OFFICER
DIVISIONAL FOREST OFFICE, KOTHAMANGALAM,
KOTHAMANGALAM.P.O, ERNAKULAM DISTRICT, PIN - 686691
OTHER PRESENT:
SRI.T.P.SAJAN, SPL. G.P. (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 35960 OF 2025
2
JUDGMENT
The petitioner seeks a direction to the respondents to
ensure that, while fixing the transportation cost for moving
timber from the forest teak plantation to the sales depots, the
transportation cost for moving timber from inside the forest to
the public road by small trucks, and thereafter from the public
road to the sales depot by trailer lorries, are fixed separately
before issuing any tender notification for working down the
timber.
2. It is the case of the petitioner that he entered into
an agreement with the department to transport forest goods
from the coop inside the forest. As per the Forest Code Vol. III
of the Forest Department, teak timbers extracted from teak
plantations are categorized as follows:
1. Lengthy logs (above 8 to 7 metres in length),
2. Lengthy logs (between 6 to 7 metres in length), and
3. Short logs (below 6 metres, down to 2.4 metres in
length), and 4. Very short logs (below 2.4 metres).
As per the usual practice, timber logs of average 6 metres in
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WP(C) NO. 35960 OF 2025
length fetch the highest market price. Hence, the Forest
Department's normal practice is to ensure that teak timber
logs, averaging 6 metres in length, are extracted from the teak
plantations deep inside the forest and transported by forest
contractors to timber sales depots in cities and towns via
public roads. For this purpose, the use of small trucks with a
cubic capacity of 6 cubic metres was permitted, as evidenced
in Exts.P1 and P2.
3. However, the petitioner points out a difficulty: due
to the extended length of the logs beyond the platform,
transporting them violates the provisions of the Motor Vehicles
Act, making it impossible to carry out the transportation. On
that basis, the petitioner earlier filed W.P.(C) No. 20932/2025
and secured the interim order marked as Ext.P4. In compliance
with the directions therein, the government has passed Ext.
P5.
4. It is now submitted by the counsel for the petitioner
that although permission was granted in paragraph 4 of
Ext.P5, the tender conditions, especially item 22 in Ext.P9, are
not revised in accordance with the permissions granted in
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WP(C) NO. 35960 OF 2025
paragraph 4 of Ext.P5.
5. In the said circumstances, the petitioner has
submitted Ext.P10 representation before the DFO,
Kothamangalam. He has also submitted Exts.P6 and P7
representations to the Honourable Minister of Forest and
Wildlife, as well as the Chief Conservator of Forests. Despite
these efforts, no variation has been made in item 22 of Ext.P9
with respect to the rate to be quoted. Given this situation, the
petitioner sought a direction from the DFO, Kothamangalam to
consider his grievance in this regard as stated in Ext.P10.
6. In response to the petitioner's contentions, the
learned Special Government Pleader for Forest submitted that
it is the petitioner's duty to know the existing conditions
before entering into the contract as evident in paragraph 11 of
Ext.P8. They will not object if the petitioner carries out the
work in accordance with paragraph 4 of Ext. P5. The rates
quoted in paragraph 22 of Ext. P1 are as per the rules.
7. Taking note of these contentions and recording the
statements, there will be a direction to consider Exts.P6 and
P10 by the respective respondents after affording the
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WP(C) NO. 35960 OF 2025
petitioner an opportunity to be heard.
8. For this purpose, the petitioner shall appear before
the 4th respondent - DFO on 06.10.2025 at 11 a.m. for a
hearing for the consideration of Ext.P10 representation. The
petitioner is free to raise all his apprehensions with respect to
the loss to be occurred by carrying out the work as per
paragraph 4 of Ext.P5. The 4th respondent, DFO shall consider
the contentions of the petitioner in accordance with law and
pass appropriate orders. The entire exercise shall be
completed within a period of two weeks from 06.10.2025.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ
JUDGE
rkr
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WP(C) NO. 35960 OF 2025
APPENDIX OF WP(C) 35960/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF GOVERNMENT ORDER NO. G.O.(MS)
NO. 184/79/AD DATED 28.01.1979
Exhibit P2 TRUE COPY OF GOVERNMENT ORDER NO.
G.O.RT.NO.48/80/AD DATED 08.01.1980
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.
7/2007/F&WLD DATED 24.02.2007
Exhibit P4 TRUE COPY OF THE ORDER IN
WP(C).NO.20932/2025 DATED 21.08.2025
Exhibit P5 TRUE COPY OF ORDER, GO(RT).
NO.354/2025/F&WLD DATED 18.08.2025
Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER TO THE CHIEF CONSERVATOR OF
FOREST, HIGH RANGE CIRCLE, DATED 16.12.2024
Exhibit P7 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE HON'BLE MINSTER OF
FOREST AND WILDLIFE DATED 20.11.2024
Exhibit P8 TRUE COPY OF NOTIFICATION
KFDDO/28891/2025/DFOKGLM L2 DATED 20.09.2025
OF THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF PERCENTAGE BOQ, ESTIMATE FOR
THE COST OF FINAL THINNING OPERATIONS IN
1982 TP PONGANTHODU UNDER VELOOR FOREST
STATION IN THODUPUZHA RANGE DURING 2005-26
Exhibit P10 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT DATED
24.09.2025
//True Copy//
PA TO JUDGE
