This High Court Bench directed respondents to release ₹1,54,112 to the petitioner from the funds held by the Divisional Forest Officer, Negara, after deducting dues owed from the petitioner to Nemmara.
Directing the 2nd respondent to release ₹1,54,112 to the petitioner within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
FRIDAY, THE 8TH DAY OF FEBRUARY 2013/19TH MAGHA 1934
WP(C).No. 9313 of 2008 (H)
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PETITIONER(S):
VEENUS PLYWOOD COMPANY, NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT, REPRESENTED BY THE PARTNER T.P.ABRAHAM, S/O.T.O.PHILIP, "APSARA", NENMARA POST, CHITTUR TALUK, PALAKKAD DIST.
BY ADVS.SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P
RESPONDENT(S):
1. THE CHIEF CONSERVATOR OF FORESTS AND TRIVANDRUM.
2. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT.
R1-2 BY SPL. GOVERNMENT PLEADER SRI.JAMES KURIAN BY GOVT.PLEADER SRI.M.P.MADHAVANKUTTY FOR FOREST
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.9313/2008
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE PARTNERSHIP DEED.
P2:- COPY OF THE ORDER PASSED BY THE HONOURABLE SUPREME COURT OF INDIA IS CA. NO.3225/81.
P3:- COPY OF THE ORDER DTD. 16.4.2001 PASSED BY THE RESPONDENT NO.2. P4:- COPY OF THE LETTER DTD. 5.10.2006 ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER.
P5:- COPY OF THE LETTER DTD. 1.11.2006 COMMUNICATED TO THE RESPONDENT NO.2.
RESPONDENT'S EXHIBITS:-
R2(a):- COPY OF LETTER NO.G1-39787/96 DTD. 1.11.2002 OF THE CHIEF CONSERVATOR OF FORESTS.
R2(b) COPY OF LETTER NO.A378307 DTD.28.7.08 OF DIVISIONAL FOREST OFFICER, VAZHACHAL.
//TRUE COPY//
P.A. TO JUDGE
tss
B.P. RAY, J.
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W.P.(C). No. 9313 of 2008
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Dated this the 8th day of February, 2013.
JUDGMENT
Heard both sides.
following prayers:
respondent, the relevant portion of which reads as follows:
“It is submitted that the Vazhachal Divisional Forest Officer has informed this respondent that an amount of Rs.2,68,740/- is due to the petitioner from that division. This respondent has no objection in releasing the said amount after deducting an amount of Rs.1,17,660/- which is due from the petitioner to the Nemmara Division. It is submitted that the calculation shown in Ext.P2 order passed by the then Divisional Forest Officer is vitiated by mistake of facts and the actual amount is shown in this statement and it may be accepted by this Honourable Court.”
to release an amount of ` 1,93,007/- to the petitioner within one
month from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
sd/- B.P. RAY, JUDGE.
rv
The figure “Rs.1,93,007” occurring in the 2nd line of paragraph 3 of the judgment dated 08.02.2013 in W.P.(C) No.9313/2008 is corrected and substituted as “Rs.1,54,112” as per order dated 10.04.2013 in R.P 299/2013 in W.P.(C) No.9313/2008.
sd/- Registrar (Judicial)
1 issue framed by the court
Whether the respondents should be directed to disburse a specific sum of money to the petitioner.
VEENUS PLYWOOD COMPANY
THE CHIEF CONSERVATOR OF FORESTS AND TRIVANDRUM
THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT
B.P. RAY
As recorded by the court registry
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