IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 17166 of 2009(M) --------------------------------------- PETITIONER(S): --------------------- T. BENJAMIN, OOTTINKARA VEEDU, VETTIKUZHY, EDAIKODU, VELLACHIPARA P.O., KANYAKUMARI DISTRICT. BY ADV. MR.B.RAGUNATHAN MR.V.V.MATHEW MR.R.SRINATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 043. 3. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM - 695 014. 4. TAHSILDAR, TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. 5. FOREST RANGE OFFICER, PALODE, THIRUVANANTHAPURAM - 695 562. 6. VILLAGE OFFICER, PERINGAMALA, THIRUVANANTHAPURAM - 695 563. 7. THE BRAEMORE ESTATES LTD., REP BY GENERAL MANAGER, THE BRAEMORE ESTATES LTD PLANTATION HOUSE, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. R1 TO R6 BY SPL. GOVERNMENT PLEADER MR.POULOSE. R7 BY MR.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE, ADV. MR.K.JAYAKUMAR, MR.P.B.KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17166/2009-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 20/02/2009 OF THE 7TH RESPONDENT. EXT.P2: COPY OF THE CERTIFICATE DATED 25/02/2009 ISSUED BY THE 6TH RESPONDENT. EXT.P3: COPY OF THE SKETCH OF THE SITE PREPARED BY THE 6TH RESPONDENT. EXT.P4: COPY OF THE TAX RECEIPT C.NO.1117863 DATED 24/03/2008 ISSUED BY THE 6TH RESPONDENT. EXT.P5: COPY OF THE TAX RECEIPT D NO.1171794 DATED 23/03/2009 ISSUED BY THE 6TH RESPONDENT. EXT.P6: COPY OF THE EXHIBIT P1 CONTAINING THE ENDORSEMENT DATED 19/03/2009. EXT.P7: COPY OF THE EXHIBIT P3 RECEIPT CONTAINING THE ENDORSEMENT DATED 19/03/2009 AND 20/03/2009 OF THE 3RD AND 5TH RESPONDENTS. EXT.P8: COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 27/07/2007. EXT.P9: COPY OF THE JUDGMENT DATED 21/04/2009 IN WP(C) NO. 12397 OF 2009-T. EXT.P10: COPY OF THE REPRESENTATION DATED 28/03/2009 ADDRESSED TO THE 4TH RESPONDENT. EXT.P11: COPY OF THE REPRESENTATION DATED 30/04/2009. EXT.P12: COPY OF THE LETTER DATED 21/03/2009 OF THE 5TH RESPONDENT. EXT.P13: COPY OF THE LETTER DATED 12/05/2009 OF THE 4TH RESPONDENT. EXT.P14: COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 12/05/2009. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE LETTER NO.B4-4795/09 DATED 12/05/2009 ADDRESSED BY THE TAHSILDAR, NEDUMANGAD TO FOREST RANGE OFFICER, PALODE. EXT.R3(b): COPY OF THE TRAVANCORE LAND REVENUE MANUAL VOL.III SHOWING THE AREA AND OTHER DETAILS OF THE ESTATE. //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC,J. --------------------- W.P.(C).No.17166 OF 2009 ------------------------ Dated this the 23rd day of September, 2009. JUDGMENT Petitioner submits that, he purchased 10 Albeezia trees from the 7th respondent for a total consideration of Rs.50,000/-. According to the petitioner the trees were cut and out of the ten, two were removed. Thereafter, producing Exts.P2 to P4, he applied to respondents 4 and 5 for certificate and pass for its transportation. Orders were not passed and that lead him to file a writ petition before this court as WP(c).No.12397/09. The writ petition was disposed of by Ext.P9 judgment directing that orders shall be passed on the petitioner's request. Thereafter also, though various communications were exchanged between respondents 4,5 and 6, certificate and pass were not issued and that lead the petitioner to approach this court again by filing this writ petition. 2. A counter affidavit has been filed by respondents 3 and 5 where they say that in respect of the estate of the 7th WP(c).No.17166/09 2 respondent, from which the timber has been collected, is covered by the provisions of the Kerala Grants Leases(Modification of rights)Act 1980 is applicable and that for any timber that is to be removed from the estate, seigneorage as provided under the said Act and the Rules is payable. 3. Although, it is the case of the 7th respondent that in the nature of the grant that has been granted in its favour, the Act is inapplicable and seigneorage is not payable, that necessarily needs an adjudication of facts which will have to be done by the authorities created under the said Act itself. 4. Be that as it may, in the light of the contention regarding the applicability of the Act has been raised it will not be proper for this court to direct that pass shall be issued before the issue is adjudicated. Therefore, the relief sought for release of the timber cannot be granted. In view of the above the writ petition is closed leaving open the contentions of the petitioner and also the 7th respondent regarding the applicability or otherwise of the Act in question (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17166/09 3