Three writ petitions filed by Kottackal Timbers were closed because the petitioner had already removed timber pursuant to an interim order dated 22.12.2020 passed on the very same day the writs came up for admission.
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.
W.P(C).Nos.27418/2020-B, 27439/2020-D & 27488 of 2020-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27418 OF 2020(B)
PETITIONER:
M/S. KOTTACKAL TIMBERS, HAVING OFFICE NEAR RELIANCE PUMP,K.P.ROAD, ADOOR REPRESENTED BY ITS MANAGING PARTNER RAJAN MATHEW, AGED 64 YEARS,S/O.K.V.MATHEW, RESIDING AT KOTTACKAL HOUSE, ADOOR P.O., PATHANAMTHITTA-691523.
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR
RESPONDENTS:
W.P(C).Nos.27418/2020-B, 27439/2020-D & 27488 of 2020-I 2
5 DEPOT OFFICER, KONNI TIMBER DEPOT, ARUVAPPULAM P.O., PATHANAMTHITTA-689691.
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, ALONG WITH WP(C).27439/2020(D), WP(C).27488/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 3
HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27439 OF 2020(D)
PETITIONER:
KOTTACKAL TIMBERS HAVING OFFICE NEAR RELIANCE PUMP, K. P. ROAD, ADOOR, REPRESENTED BY ITS MANAGING PARTNER, RAJAN MATHEW, AGED 64 YEARS, S/O. K. V. MATHEW, RESIDING AT KOTTACKAL HOUSE, ADOOR P. O., PATHANAMTHITTA - 691 523.
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
W.P(C).Nos.27418/2020-B, 27439/2020-D & 27488 of 2020-I 4
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, ALONG WITH WP(C).27418/2020(B), WP(C).27488/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.27488 OF 2020(I)
PETITIONER:
M/S.KOTTACKAL TIMBERS HAVING OFFICE NEAR RELIANCE PUMP, K.P.ROAD, ADOOR REPRESENTED BY ITS MANAGING PARTNER RAJAN MATHEW, AGED 64 YEARS, S/O. K.V.MATHEW, RESIDING AT KOTTACKAL HOUSE, ADOOR P.O., PATHANAMTHITTA - 691 523.
BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
KONNI TIMBER DEPOT, ARUVAPPULAM P. O., PATHANAMTHITTA - 689 691.
W.P(C).Nos.27418/2020-B, 27439/2020-D & 27488 of 2020-I 6
R1-5 BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI K.SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, ALONG WITH WP(C).27418/2020(B), WP(C).27439/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 7
P.V.ASHA, J.
-------------------------- W.P(C).Nos.27418 of 2020-B 27439 of 2020-D and 27488 of 2020-I
Dated this the 15th day of January, 2021
JUDGMENT
These Writ Petitions have been filed seeking similar reliefs. The reliefs sought for in W.P(C).No.27418 of 2020 read as follows:
"1) To issue a writ of mandamus or any appropriate writ or direction, directing the 1st respondent to take up Exhibit P7 representation and pass orders therein in accordance with law and practice evident by Exhibit P5 and P6 within a time frame fixed by this Hon'ble Court;
2) To issue a writ of mandamus or any appropriate writ or direction, directing the respondent 2 to 4 to take up respective representations before them evident by Ext.P2 to P4 and Ext.P7 and pass orders therein in accordance with law and practice evident by Exhibit P5 and P6 within a time frame fixed by this Hon'ble Court;
3) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents not to re-auction Maruthi Timber in Lot no.456/19; 459/19, 476/19; 496/19; 509; 526/19; 527/19; 532/19 till a decision is taken by the respondents 1 to 4 in Ext.P2 to P4 and Ext.P7 application for extension of time; stud
and
4) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice."
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 8
clear that the interim order was passed taking note of the peculiar circumstances arising in the case. This shall not be treated as a precedent.
In the above circumstances, the Writ Petitions are closed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 9
APPENDIX OF WP(C) 27418/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ACCEPTANCE LETTER FOR E-AUCTION NO.MSTC/TVC/KERALA FOREST DEPARTMENT/52/PUNALUR/19-20/25167 DATED 25.11.2019.
| EXHIBIT P2 | THE TRUE COPY OF THE 29.06.2020 PREFERRED 2ND RESPONDENT. |
REPRESENTATION DATED BY THE PETITIONER TO |
|---|---|---|
| EXHIBIT P3 | THE TRUE COPY OF THE 29.06.2020 PREFERRED 4TH RESPONDENT. |
REPRESENTATION DATED BY THE PETITIONER TO |
| EXHIBIT P4 | THE TRUE COPY OF THE 07.08.2020 PREFERRED BEFORE THE 3RD RESPO |
REPRESENTATION DATED BY THE PETITIONER NDENT. |
| EXHIBIT P5 | THE TRUE COPY OF THE G.O(MS)NO.302/2019/F THROUGH WHICH TIME E PAY AMOUNT AND REMOV |
OREST DATED 02.08.2019 XTENSION WAS GRANTED TO E TIMBER. |
| EXHIBIT P6 | THE TRUE COPY OF THE 19.07.2019 ISSUED BY PARAMPUZHA, KOTTAYAM |
ORDER NO.P64/19 DATED DEPOT RANGE OFFICER, . |
| EXHIBIT P7 | THE TRUE COPY OF THE 02.12.2020 SENT BY T 1ST RESPONDENT WITH RESPONDENTS. |
REPRESENTATION DATED HE PETITIONER TO THE COPY TO OTHER |
RESPONDENTS' EXHIBITS
| ANNEXURE R4(a) | TRUE COPY OF THE PRO.(4)-29243/2013 DATED 21.08.2014. |
|---|---|
| ANNEXURE R4(b) | TRUE COPY OF THE E-AUCTION NOTIFICATION DATED 9.11.2018. |
| ANNEXURE R4(c) | TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED 15.7.2020. |
| ANNEXURE R4(d) | TRUE COPY OF THE TABULATION STATEMENT OF THE PENAL INTEREST AND THE GROUND RENT CALCULATED BY THE FOREST DEPARTMENT. |
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 10
APPENDIX OF WP(C) 27439/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE ACCEPTANCE LETTER FOR E-AUCTION NO.MSTC/TVC/KERALA FOREST DEPARTMENT/48/PUNALUR/19-20/23337 DATED 07.11.2019. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE REPRESENTATION DATED 29.06.2020 PREFERRED BY THE PETITIONER TO 2ND RESPONDENT. |
| EXHIBIT P3 | THE TRUE COPY OF THE REPRESENTATION DATED 29.06.2020 PREFERRED BY THE PETITIONER TO 4TH RESPONDENT. |
| EXHIBIT P4 | THE TRUE COPY OF THE REPRESENTATION DATED 07.08.2020 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P5 | THE TRUE COPY OF THE G.O.(MS) NO.302/2019/FOREST DATED 02.08.2019 THROUGH WHICH TIME EXTENSION WAS GRANTED TO PAY AMOUNT AND REMOVE TIMBER. |
| EXHIBIT P6 | THE TRUE COPY OF THE ORDER NO. P64/19 DATED 19.07.2019 ISSUED BY DEPOT RANGE OFFICER, PARAMPUZHA, KOTTAYAM. |
| EXHIBIT P7 | THE TRUE COPY OF THE REPRESENTATION DATED 02.12.2020 SENT BY THE PETITIONER TO THE 1ST RESPONDENT WITH COPY TO OTHER RESPONDENTS. |
| EXHIBIT P8 RESPONDENTS' EXHIBITS |
THE TRUE COPY OF THE LETTER NO.KND.44/19 DATED 09.10.2020 OF THE 5TH RESPONDENT. |
| ANNEXURE R4(a) | TRUE COPY OF THE PRO.(4)-29243/2013 DATED 21.08.2014. |
| ANNEXURE R4(b) | TRUE COPY OF THE E-AUCTION NOTIFICATION DATED 9.11.2018. |
| ANNEXURE R4(c) | TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED 15.7.2020. |
| ANNEXURE R4(d) | TRUE COPY OF THE TABULATION STATEMENT OF THE PENAL INTEREST AND THE GROUND RENT CALCULATED BY THE FOREST DEPARTMENT. |
W.P(C).Nos.27418/2020-B, 27439/2020-D
& 27488 of 2020-I 11
APPENDIX OF WP(C) 27488/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE E-AUCTION NO.MSTC/TVC DEPARTMENT/45/PUNALUR 02.11.2019. |
ACCEPTANCE LETTER FOR /KERALA FOREST /19-20/22661 DATED |
|---|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE 29.06.2020 PREFERRED 2ND RESPONDENT. |
REPRESENTATION DATED BY THE PETITIONER TO |
| EXHIBIT P3 | THE TRUE COPY OF THE 29.06.2020 PREFERRED 4TH RESPONDENT. |
REPRESENTATION DATED BY THE PETITIONER TO |
| EXHIBIT P4 | THE TRUE COPY OF THE 07.08.2020 PREFERRED BEFORE THE 3RD RESPON |
REPRESENTATION DATED BY THE PETITIONER DENT. |
| EXHIBIT P5 | THE TRUE COPY OF THE NO.302/2019/FOREST DA WHICH TIME EXTENSION AMOUNT AND REMOVE TIM |
G.O.(MS) TED 02.08.2019 THROUGH WAS GRANTED TO PAY BER. |
| EXHIBIT P6 | THE TRUE COPY OF THE 19.07.2019 ISSUED BY PARAMPUZHA, KOTTAYAM. |
ORDER NO.P64/19 DATED DEPOT RANGE OFFICER, |
| EXHIBIT P7 | THE TRUE COPY OF THE 02.12.2020 SENT BY TH 1ST RESPONDENT WITH C RESPONDENTS. |
REPRESENTATION DATED E PETITIONER TO THE OPY TO OTHER |
RESPONDENTS' EXHIBITS
| ANNEXURE R4(a) | TRUE COPY OF THE PRO.(4)-29243/2013 DATED 21.08.2014. |
|---|---|
| ANNEXURE R4(b) | TRUE COPY OF THE E-AUCTION NOTIFICATION DATED 9.11.2018. |
| ANNEXURE R4(c) | TRUE COPY OF THE GO(Rt) NO.155/2020/F DATED 15.7.2020. |
| ANNEXURE R4(d) | TRUE COPY OF THE TABULATION STATEMENT OF THE PENAL INTEREST AND THE GROUND RENT CALCULATED BY THE FOREST DEPARTMENT. |
M/S. Kottackal Timbers
The State of Kerala
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
