IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 9449 of 2008(Y) ------------------------- PETITIONER: ------------ K.B. PREMAKRISHNAN, S/O.BALARAMAN KUNNUKADU HOUSE, P.O.THENKURISSY PALAKKAD DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: ------------- 1. THE CONSERVATOR OF FORESTS, PALAKKAD. 2. DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, NENMARA, PALAKKAD. 3. FOREST RANGE OFFICER, ALATHUR, PALAKKAD BY SPL. GOVT. PLEADER (FOREST) SRI. RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 9449/2008 ------------------------------------------------------------------ EXT.P1 TRUE COPY OF LICENCE DT. 14-4-2004. EXT.P2 REPORT DT. 5-10-2005. EXT.P3 REPRESENTATION DT. 11-11-2005. EXT.P4 REPRESENTATION DT. 31-1-2007. EXT.P5 REPRESENTTATION DT. 27-3-2007. EXT.P6 DO. DT. 17-5-2007. EXT.P7 REPLY DT. 2-5-2007. [True copy] P.S to Judge. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9449 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th July, 2008. J U D G M E N T The petitioner is the owner of a rice mill. Since the mill was not functioning profitably, the petitioner converted it into a godown, which was being let out to various parties. 505 sacks of wood powder was seized from the petitioner's godown on suspicion that the same were sandal wood powder. Samples were drawn after preparing a mahazar. According to the petitioner, although the petitioner requested the 3rd respondent to remove the seized articles from the godown on the assurance of the 3rd respondent that the same would be removed very soon, the same was continued to be stored in the petitioner's godown. Samples were sent through court for analysis. The analysis report shows that the same was not sandal wood powder but only ordinary saw dust. Testing of a second sample did not yield any contrary result. Therefore, the criminal case was referred. The petitioner is now aggrieved by non-removal of the saw dust from the petitioner's godown. At the same time, the petitioner is losing money because his godown space is occupied by the saw dust with no corresponding benefit to the petitioner. The petitioner therefore seeks the following reliefs: “a) Issue a writ of mandamus or appropriate writ, direction or order commanding the respondents to vacate the godown of the petitioner bearing Door No.V/142 of Thenkurissi Panchayath by removing the articles kept in it and handing over its vacant possession to the petitioner, b) Issue a writ of mandamus or appropriate writ, direction or order commanding the respondents to pay sufficient compensation to the petitioner for the use and occupation of his godown.” 2. The learned Special Government Pleader (Forest) submits that although the criminal court permitted the respondent to remove the saw dust to the Marayoor sandal depot, the depot refused to accept the same and therefore further orders are necessary from the W.P.C. No. 9449/2008 -: 2 :- criminal court. 3. I do not think that for want of appropriate orders in this regard, the petitioner should be prejudiced. Therefore, I direct the respondents to remove the saw dust from the petitioner's godown within one month from the date of receipt of a copy of this judgment. If the respondents do not have enough storage space anywhere, it would be open to the respondents to destroy the same as the same would not be of any use either to the Government or anybody else. The petitioner presses for rent for the godown space during the period when the saw dust was stored in the petitioner's gown. The petitioner points out that in Ext. P7, there was an assurance that the claim for rent would be favourably considered. In the above circumstances, I direct the 2nd respondent to pass appropriate orders on the claim for rent of the petitioner as promised in Ext. P7 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Needless to say, on removal of the saw dust from the petitioner's godown, possession of the godown shall be handed over to the petitioner. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/