High Court of KeralaWP(C)/5400/2015disposed of

Rajan v. State Of Kerala

2015-02-26Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 5400 of 2015 (Y) --------------------------- PETITIONER :

--------------------- RAJAN, AGED 53 YEARS S/O.GOPI, RAJAN'S HANICRAFTS, T.C.42/639-1 S.R.BHAVAN, KALLUMOODU, MUTTATHARA VALLAKKADAVU POST, THIRUVANANTHAPURAM-695 008.

BY ADV. SMT.MEENA A.

RESPONDENT(S) :

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY (FOREST & WILD LIFE), 1ST FLOOR, SOUTH BLOCK, SECRETARIAT THIRUVANANTHAPURAM-695 001.

2. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM DIVISION, FOREST HEADQUARTERS VAZHUTHACAUD, THIRUVANANTHAPRUAM-695 014.

3. FOREST RANGE OFFICER FOREST RANGE OFFICE, PARUTHIPALLY THIRUVANANTHAPURAM - 695 574.

R1 TO R3 BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY BY GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 5400 of 2015 (Y) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

A TRUE COPY OF THE JUDGEMENT DATED 16.12.2014 OF THE HON'BLE HIGH COURT OF KERALA IN CRL.R.P.NO.1792 OF 2014. EXHIBIT-P2:

A TRUE COPY OF THE APPLICATION DATED 16.12.2014 MADE IN FORM III.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

--------------------------------- W.P.(C) No.5400 of 2015 ------------------------------- Dated this the 26th day of February, 2015.

JUDGMENT

The petitioner has preferred Ext.P2 application before the second respondent under Rule 6 of the Kerala Forest (Restriction on cutting and selling of Sandal Trees and grant of licence for possession and transport of Sandalwood and Sandalwood Oil) Rules, 2012. Grievance is with regard to the delay involved in considering and finalizing the same. 2.

The learned counsel for the petitioner submits that as per the relevant Rule, the application for licence has to be considered and disposed of within 30 days. It is stated that the petitioner is engaged in various handicraft works and is running an SSI Unit. Procurement of sandal wood, is stated as extremely necessary to pursue the business. It is also stated that the petitioner was successful in purchasing materials in auction conducted by the forest officials, however stating that there was a search and seizure on 4.8.2014, leading to the

W.P.(C) No.5400 of 2015 -2proceedings by way of C.M.P.No.7347 of 2014 of the Judicial First Class Magistrate's Court, Nedumangad, which was the subject matter of Ext.P1 verdict passed by this Court on 16.12.2014 in Crl.R.P.No.1792 of 2014. The prayer is only to consider and finalise Ext.P2 within a reasonable time. 3.

Heard the learned Government Pleader as well. 4.

In the said circumstance, there will be a direction to the concerned respondent to consider and pass appropriate orders on Ext.P2 in accordance with law, which shall be finalized at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. This writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. Sd/- P.R. RAMACHANDRA MENON JUDGE Scl.