IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 RP.No. 1322 of 2008(L) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32874/2008 Dated 14/11/2008 .................... REVIEW PETITIONER/RESPONDENTS IN WP --------------------------------------- 1. THE DIVISIONAL FOREST OFFICER, THRISSUR 2. THE DEPUTY RANGER, FOREST STATION, MAYANNOOR, WADAKKANCHERRY, THRISSUR DISTRICT. 3. THE DISTRICT COLLECTOR, THRISSUR. BY SRI.RENJITH THAMPAN,SPL.GP FOR FOREST RESPONDENT/PETITIONER IN THE WP ------------------------------------------- K.J.JOHN,S/O.JOSEPH, OMBALAMALAYIL, KINGINIMATTOM P.O. KOLENCHERRY, ERNAKULAM. BY ADV. SRI. JAJAU BABU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI,J. ------------------------- R.P. No.1322 of 2008 in W.P ( C) No.32874 of 2008 -------------------------- Dated this the 2nd December, 2008 O R D E R Heard Mr.Renjith Thampan, learned Special Government Pleader for review petitioners and Mr.Jaju Babu, learned counsel for the writ petitioner. Review petition has been filed essentially on the ground that the value of the timber as taken note of by this Court at the time of disposal of the writ petition is far too low and the Divisional Forest Officer has subsequently valued each item and found that the same comes to Rs.14,53,766/- exclusive of the cess. This is sought to be demonstrated by a reference to the statement showing the fixation of price of the timber produced along with the review petition. 2. Sri.Jaju Babu contends that this would not afford a sufficient ground for review for more than one reason. Firstly, the value shown by the Forester was Rs.2 Lakhs. Taking note of the same, this Court directed that R.P. No.1322 of 2008 in W.P ( C) No.32874 of 2008 2 a Bank Guarantee be furnished for an amount of Rs.2.5 lakhs. Such a marked disparity in the value now put forward cannot be accepted. He further contends that the matter which has taken place subsequent to the judgment cannot afford a reason for review of the judgment. 3. I heard learned counsel on both sides. 4. In my view, it will be appropriate that taking note of the value now put forward by the Forest Officials that the consignment in question be sold as a separate lot in public auction. If the highest bid received in this regard is less than 50% of the value of the timber as now determined by the Divisional Forest Officer, then the writ petitioner may be permitted to remove such timber on furnishing a Bank Guarantee for an amount of Rs.2.5 lakhs and furnishing a security for a further amount of Rs.5 lakhs to the satisfaction of the Divisional Forest Officer. Thereupon, permission shall be given to transport the consignment as already directed in the judgment dated 14.11.2008 and enforcement of the security offered by the petitioner shall be subject to the decision to be taken by the District R.P. No.1322 of 2008 in W.P ( C) No.32874 of 2008 3 Collector. In the alternative, if the highest bid quoted is in excess of Rs.7 lakhs then the price received for the lot of timber shall be deposited in a separate account in the name of the Divisional Forest Officer and disbursal of the same shall abide by the decision to be taken by the District Collector. The timber which is currently lying with the writ petitioner shall be removed to the nearest Forest Depot and passes may be issued by the Forest Official to enable such transit from the petitioner's estate to the nearest Forest Depot. Passes may be issued without further delay, at any rate, within two weeks from the date of receipt of a copy of this judgment. Bank Guarantee already furnished by the petitioner may, for the present, be returned to the petitioner. But the petitioner will have to furnish a fresh Bank Guarantee if the contingency as noted above occurs. Review petition is disposed of as above. (V.GIRI,JUDGE) ma R.P. No.1322 of 2008 in W.P ( C) No.32874 of 2008 4 R.P. No.1322 of 2008 in W.P ( C) No.32874 of 2008 5