U.K. Monu v. The Forest Range Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 18221 of 2015 (C) ---------------------------- PETITIONER :

---------------------- U.K. MONU, M/S. U.K. MONU TIMBERS, KANACHUR VILLA, UNIVERSITY ROAD, DERALAKATTE -574 160, MANGALORE, KARNATAKA STATE, REPRESENTED BY POWER OF ATTORNEY HOLDER MOHAMMED SHALI.

BY ADV. SRI.HARISANKAR V. MENON SMT. MEERA V. MENON RESPONDENT(S):

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1. THE FOREST RANGE OFFICER, PERIA, KASARGOD DISTRICT, PIN-671 314

2. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD DISTRICT- 670 645

3. THE CHIEF CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR.

BY SPL.GOVERNMENT PLEADER (FOREST) SRI.M.A.THOMASKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18221 of 2015 (C) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

COPY OF SHAW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT, DATED 29/05/2015.

EXT.P1(A):

COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DATED 09/06/2015 EXT.P1(B):

COPY OF ORDER PASSED BY THE 2ND RESPONDENT DATED 04/10/2014 EXT.P2:

COPY OF LETTER SUBMITTED BY THE PETITIONER, DATED 05/11/2014 EXT.P3:

COPY OF COMMUNICATION ISSUED BY THE 2ND RESPONDENT, DATED 20/11/2014 RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 18221 of 2015 (C) ------------------------------------------ Dated this the 15th day of July, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that the Bank Guarantee furnished in pursuance of proceedings with respect to an offence under the Forest Act has not been cancelled and returned, despite the proceedings ending in acquittal even at the original stage.

2.

The learned Special Government Pleader (Forest) submits that a revision, initiated suo motu by the authority under the Act, is pending consideration.

3.

In such circumstance, definitely, the Bank Guarantee cannot now be released. However, the petitioner shall produce the certified copy of the judgment before the revisional authority and the revisional authority shall expeditiously consider the revision. The petitioner would be entitled to raise all objections before the revisional authority. Writ Petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj