High Court of KeralaWP(C)/20198/2015closed

Suku v. The Kerala State

2015-07-13Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 20198 of 2015 (Y) ---------------------------- PETITIONER(S):

-------------------------- SUKU, AGED 60 YEARS, S/O.NARAYANAN, KADAMANATH HOUSE, KOOVAPPARA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM.

BY ADVS.SRI.C.K.VIDYASAGAR, SRI.P.CHANDY JOSEPH, SMT.P.S.SREEVIDYA, SRI.M.N.SASIDHARAN NAIR.

RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. FOREST RANGE OFFICER, EDAMALAYAR, IDUKKI DISTRICT-686 603.

BY SPL. GOVT. PLEADER SRI.M.P. MADHAVANKUTTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 20198 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 :

TRUE PHOTOCOPY OF THE OR NO.1/2015 OF EDAMALAYAR FOREST STATION DATED 02-06-2015 IS REGISTERED BY THE 2ND RESPONDENT.

EXT.P2 :

TRUE PHOTOCOPY OF THE CONFESSION STATEMENT DATED 05-06-2015.

EXT.P3 :

TRUE PHOTOCOPY OF THE ADDITIONAL REPORT FILED BY THE 2ND RESPONDENT DATED 05-06-2015.

EXT.P4 :

TRUE PHOTOCOPY OF THE ORDER IN CRL.M.C.1232/2015 FILED BY THE PETITIONER BEFORE THE HON'BLE SESSIONS COURT, ERNAKULAM DATED 25-06-2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

ASHOK BHUSHAN, C.J.

& A.M.SHAFFIQUE, J.

................................................. W.P.(C) No. 20198 of 2015 (Y) ............................................... Dated this the 13th day of July, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2. This writ petition has been filed by the petitioner praying for direction to the respondents not to harass the petitioner, in connection with any enquiry, or investigation in O.R.No.1/2015 of the Edamalayar Forest Station and further directing the respondents to issue notice to the petitioner in case petitioner's presence is necessary in connection with any enquiry.

3. The learned Special Government Pleader appearing for the respondents after obtaining instructions submits that in the investigation in O.R.No.1/2015 petitioner's involvement has not been found so far. No further action is proposed as on date against the petitioner. He submits that there is no kind of any harassment by the respondents as alleged.

W.P.(C) No. 20198 of 2015 (Y) : 2 :

4. The learned counsel for the petitioner apprehends, future action against the petitioner.

5. Be that as it may, as on date, there is no harassment by Forest Officials as alleged, we are of the view that this writ petition deserves to be closed. Petitioner is at liberty to take such remedy, if there is any course of action in future. This writ petition is closed accordingly.

Sd/- ASHOK BHUSHAN, Chief Justice.

Sd/- A.M.SHAFFIQUE, Judge.

AMV/13/07/