IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 32942 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- K.K.THOMAS, S/O. KURIAN, AGED 55 YEARS, KIZHAKKEPADAVATH HOUSE, PAYAM P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): -------------------- 1. THE DIVISIONAL FOREST OFFICER, KANNUR - 670 005. 2. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, KOTTIYOOR, KANNUR DISTRICT - 670 005. BY GOVT. PLEADER SRI. MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.32942/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MAHAZAR IN OR NO.9/2011 OF KOTTIYOOR FOREST RANGE OFFICE. P2: COPY OF THE MAHAZAR IN O.R NO.10/2011 OF KOTTIYOOR FOREST RANGE OFFICE. P3: COPY OF THE STATEMENT GIVEN BY THE 1ST ACCUSED DTD.8.10.11 IN OR NO.9/2011 OF KOTTIYOOR FOREST RANGE. P4: COPY OF THE STATEMENT DTD.3.11.11 GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE APPLICATION DTD.9.11.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH SUPPORTING DOCUMENTS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32942 of 2011 P ``````````````````````````````````````````````````````````` Dated this the 21st day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the owner of a sawmill. According to the petitioner, three teakwoods standing in a cashew estate at Chathiroor Neelaimala of Keezhpally forest area were cut and removed by one Binoy along with certain others. The timber was brought to the petitioner's sawmill for sawing. While so, the forest officials registered O.R.Nos.9 and 10 of 2011 of Kottiyoor Forest Range, on the allegation that the trees were removed in violation of the provisions of the Kerala Forest Act,1961. In those cases, petitioner also has been arrayed as the 6th accused and the offence alleged, according to the learned Government Pleader, is under Section 27 of the said Act. Following the seizure of the timber as above, the petitioner's saw mill was ordered to be closed and the second respondent seized the equipments and locked the mill itself. Petitioner applied to the W.P.(C) No.32942/2011 : 2 : respondents to permit re-opening of the mill. However, there was no response and that led the petitioner to file this writ petition. 2. According to the learned Government Pleader appearing for the respondents, the petitioner is an accused in the cases registered by the respondents and that it was therefore that the mill was also ordered to be closed. 3. Having considered the submissions made, I see no reason why the mill should remain locked. Even as per the submissions made by the learned Government Pleader, the timber in question has been seized and removed. Therefore, no prejudice will be caused if the mill is allowed to be reopened. Therefore, I dispose of the writ petition, directing that, on the production of a copy of this judgment, subject to further proceedings under the Act against the petitioner, on the petitioner executing a bond for the proper custody and production of the equipments seized, the equipments will be W.P.(C) No.32942/2011 : 3 : released and the mill will be permitted to be reopened and functioned. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/12 // True Copy // P.A. To Judge