The Kerala High Court directed the Divisional Forest Officer to keep proceedings under a show cause notice in abeyance for 60 days to allow the petitioner to obtain relevant documents for defense, noting the petitioner was not an accused in the referenced crimes.
Direction to keep the proceedings under Ext.P1 in abeyance for 60 days from the date.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938
WP(C).No. 17570 of 2016 (U)
PETITIONER :
A.B.NOUSHAD, S/O. LATE B.M.ABOOBACKER, AGED 33 YEARS, MANAGING PARTNER, M/S. MALABAR RURAL INDUSTRIES, B.M.A HOUSE, NAYANMAR MOOLA, NEAR VIDHYA NAGAR AND COLLECTORATE, KASARGODE - 671 121.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST & WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DIVISIONAL FOREST OFFICER, KANNUR DIVISION, KANNUR - 670 001.
3. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, TALIPARAMBA - 670 141.
BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY BY GOVERNMENT PLEADER SRI.GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 17570 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
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P.B.SURESH KUMAR, J.
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JUDGMENT
Proceedings have been initiated against the petitioner by the second respondent under the Forest Act for confiscating certain movables in his possession. Ext.P1 is the show cause notice issued by the second respondent in this connection to the petitioner. Ext.P1 refers to two crimes registered by the Forest Department. The petitioner is not an accused in the said cases. On receipt of Ext.P1 notice, the petitioner submitted Ext.P2 representation before the second respondent, praying to issue copies of the documents on the basis of which, Ext.P1 proceedings is initiated against him. The grievance of the petitioner is that the second respondent is proposing to pass final orders pursuant to Ext.P1 on 25.05.2016, w ithout providing him the copies of the documents sought for. The reliefs claimed in the writ
W.P.(c).No.17570 of 2016
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petition, in the circumstances is, for a direction to the second respondent to issue copies of all the documents relied on by the second respondent for the purpose of issuing Ext.P1.
In the circumstances, I deem it appropriate to direct the second respondent to keep in abeyance the proceedings initiated against the petitioner as per Ext.P1 notice for a
W.P.(c).No.17570 of 2016
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period of 60 days from today, to enable the petitioner to get the documents required by him for defending the action
proposed against him as per Ext.P1 notice.
The writ petition is disposed of as above.
Sd/- P.B.SURESH KUMAR JUDGE
sm/ ***
2 issues framed by the court
Whether the second respondent was required to delay final order in show cause notice pending petitioner's receipt of documents relied upon.
Whether the petitioner was entitled to copies of documents since he was not an accused in the underlying forest crimes.
A.B. Noushad
State of Kerala
The Divisional Forest Officer, Kannur Division
The Forest Range Officer, Taliparamba
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
