Petitioner challenged the refusal of the Forest Range Officer to revoke a Kaichit and recover seized logs. Court held that the matter was already sub-judice in the Magistrate Court and no writ order could intervene.
Liberty granted to approach the Judicial First Class Magistrate Court II, Mananthavadi for appropriate relief.
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.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
WP(C) NO. 19485 OF 2021
PETITIONER:
VYSIAN HAMZA AGED 66 YEARS S/O. AMMED, KAMBALAKKAD (POST) KANIYAMBETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673124, BY ADV JESWIN P.VARGHESE
RESPONDENTS:
1 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, KALPETTA(POST), WAYANAD DISTRICT, PIN - 673122. 2 THE FOREST RANGE OFFICER FOREST RANGE OFFICE, VYTHIRI TALUK, KALPETTA (POST) WAYANAD DISTRICT, PIN - 673122. 3 THE STATION HOUSE OFFICER MEENANGADY POLICE STATION, MEENANGADY (POST), WAYANAD DISTRICT, PIN - 673591. 4 THE VILLAGE OFFICER KANIYAMBETTA VILLAGE, KANIYAMBETTA (POST), VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673516. 5 K.P. KAMALAKSHI AMMA. W/O.(LATE) M.P. GOVINDAN NAIR, RESIDING AT "SOUPARNIKA", VARADOOR (POST), KANIYAMBETTA VILLAGE, WAYAND DISTRICT, PIN - 673516. 6 FIZAL P.K. AGED 32 YEARS S/O. ABOOBAKKAR, PATTARKADAVIL HOUSE,
WP(C) NO.19485/2021
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PINANGODE POST, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673121. BY ADV.SRI.C.U.SANGEETH, SPECIAL GOVERNMENT PLEADER(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.19485/2021
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P.V.KUNHIKRISHNAN, J
W.P.(C)No.19485 of 2021
Dated this the 13th day of December,2021
JUDGMENT
The above writ petition is filed with
following prayers:
“(i) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent to revoke Ext.P2 Kaichit executed by the writ petitioner and the 2nd respondent may be directed to take back the teakwood logs described in Ext.P2, within a time frame as fixed by this Hon'ble Court.
(ii) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent to discharge the writ petitioner from the liability arising out of Ext.P2 Kaichit executed by the petitioner.
(iii) Any other appropriate writ order or direction as the Hon'ble Court may be pleased to grant in the circumstances of the case.”
2. The grievance of the petitioner is that
the 62 wooden logs unloaded on road side by respondents 5 and 6 were seized by the Flying
Squad of the Forest department and registered O.R.No.1/2015. The 6th respondent claimed
4
WP(C) NO.19485/2021
ownership of the said logs. The writ petitioner executed Ext.P2 Kaichit on 09.03.2015 and accepted interim custody of the aforesaid wooden logs. According to the petitioner, the teakwood logs are remaining unattended for the last 6 ½ years and the same are partially affected by natural decay. The petitioner approached the 2nd respondent requesting to cancel Ext.P2 Kaichit and to take back the aforesaid 62 wooden logs. But the 2nd respondent declined to revoke Ext.P2 stating that it is only for the trial court to take a decision to cancel the Kaichit . Hence this writ petition is filed.
3. Heard the learned counsel for the
petitioner and the learned Government Pleader.
4. I perused the pleadings. As evident by R1(b), the Judicial First Class Magistrate Court II, Mananthavadi based on the order dated 18.03.2019 permitted to hand over 62 number of wooden logs involved in O.R.No.3/2015 of FRO, Kalpatta to Station House Officer, Meenangadi
WP(C) NO.19485/2021
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for further proceedings. In such circumstances, if the petitioner wants any further order, he
has to approach the Magistrate court with such a
prayer. This Court can not pass any order invoking the powers under Article 226 of the Constitution of India.
Therefore, granting liberty to the petitioner to approach the Judicial First Class
Magistrate Court II, Mananthavadi for appropriate relief, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO.19485/2021
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APPENDIX OF WP(C) 19485/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT BEFORE 3RD RESPONDENT DATED 09.03.2015.
EXHIBIT P2 A TRUE COPY OF THE KAICHIT EXECUTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.03.2015. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT DATED 02.09.2021.
RESPONDENTS EXHIBITS
ANNEXURE R1(A) TRUE COPY OF THE NOTICE DATED 06.08.2021 OF THE ADVOCATE. ANNEXURE R1(B) TRUE COPY OF THE ORDER OF HON'BLE JFCM II COURT, MANANTHAVADY VIDE OFFICIAL MEMORANDUM IN OR-03/2015 DATED 05.04.2019. ANNEXURE R1(C) TRUE COPY OF THE MAHAZAR DATED 22.05.2019.
//TRUE COPY//
PA TO JUDGE
Vysian Hamza
The Divisional Forest Officer (Respondent 1)
The Forest Range Officer
The Station House Officer Meenangady
The Village Officer Kaniyambetta
K.P. Kamalakshi Amma
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
