IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 4740 of 2008(L) -------------------------------------- PETITIONERS: ---------------------- 1. CHUMMAR, S/O. KURIAN, AGED 73, POOZHIKUNNEL HOUSE, PERADIPALLOM, PIOUS NAGAR PO., MARAYOOR. 2. THANKACHAN, S/O. CHERIYAN, AGED 48 YEARS, KOZHIYALIL HOUSE, PERADIPALLOM, PIOUS NAGAR P.O., MARAYOOR. BY ADV. SRI.S.SREEKUMAR SRI.P.PRIJITH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST, GOVT. SECRETARIAT, TRIVANDRUM. 2. DIVISIONAL FOREST OFFICER, SANDAL DIVISION, MARAYOOR. 3. FOREST RANGE OFFICER, KANTHALOOR. BY SPL.GOVT.PLEADER SRI. M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4740/2008 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CERTIFICATE NO.277/02 ISSUED BY THE VILLAGE OFFICER. EXT.P2: COPY OF ORDER NO.G.O.(P) NO.40/2006/F&WLD DTD. 14/11/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF CERTIFICATE NO.523/06 DTD. 27/12/2006 ISSUED BY THE VILLAGE OFFICER, KEEZHANTHOOR. EXT.P3(A): COPY OF DETAILS OF 189 ROSEWOOD LOGS. EXT.P4: COPY OF APPLICATION DTD. 27/12/2006 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE SOLEMN DECLARATION DTD. 27/12/2006. EXT.P6: COPY OF REPRESENTATION DTD. 20/08/2007 SUBMITTED BY THE 2ND PETITIONER. EXT.P7: COPY OF REPRESENTATION DTD. 06/10/2007 SUBMITTED BY THE 2ND PETITIONER. EXT.P8: COPY OF APPLICATION DTD. 08/10/2007 UNDER THE RIGHT TO INFORMATION ACT. EXT.P9: COPY OF LETTER DTD. 05/09/2007 ISSUED BY THE DEPUTY RANGE OFFICER, KANTHALLOR TO THE VILLAGE OFFICER, KEEZHANTHOOR. EXT.P10: COPY OF LETTER DTD. 05/09/2007 ISSUED BY THE DEPUTY RANGER TO THE VILLAGE OFFICER. EXT.P11; COPY OF REPLY DTD. 14/11/2007 TO EXT.P9 ISSUED BY THE VILLAGE OFFICER, KEEZHANTHOOR. EXT.P12: COPY OF REPORT DTD. 04/11/2007 SUBMITTED BY THE DEPUTY RANGE OFFICER TO THE 2ND RESPONDENT. EXT.P13: COPY OF LETTER DTD. 10/10/2007 ISSUED BY THE FOREST RANGE OFFICER, KANTHALOOR TO THE 1ST PETITIONER. EXT.P14: COPY OF LETTER DTD. 28/01/2008. EXT.P15: COPY OF AMENDED ACT 19 OF 2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4740 of 2008 ------------------------------------- Dated: MARCH 31, 2008 JUDGMENT In sum and substance what the petitioner seeks is a permission to transport rosewood logs detailed in Exts.P3 and P3(a). 2. According to the petitioner, Ext.P14 is the last communication that he got from the 3rd respondent to whom an application was made in this behalf. A reading of Ext.P14 shows that they had referred the matter to the village officer, Keezhanthoor village seeking clarification on the title to the land and the reservations on the ownership of timber that the Government have made at the time when the original grant was made. It is also seen that a report as sought for by them has not been received. Although the petitioner refers to Exts.P11, Ext.P11 does not seem to satisfy the queries made. 3. Since the delay in getting the report of the village officer is what delays final orders on Ext.P7 application made by the petitioner for permission to transport rosewood logs, the only relief WP(C) WP(C) 4740/08 Page numbers that the petitioner can justifiably seek at this stage, is an order for expediting the report of the village officer and then the final order on Ext.P7. 4. Since final report of the village officer is still awaited as noted above, this writ petition is disposed of directing that on production of a copy of this judgment, the village officer, Keezhanthur village, to whom the matter now stands referred shall expedite his enquiry, conclude the same and submit his report to the 3rd respondent. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. On receipt of the report as above, it is needless to say that the 3rd respondent shall pass final orders on Ext.P7 application made by the petitioner within four weeks thereafter. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-