IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27154 of 2011(T) ------------------------------------ PETITIONER(S): ----------------------- M.J. ALEXANDER, PROPRIETOR, ALEX TIMBER TRADERS, SULTAN BATHERRY, WAYANAD. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. THE CHIEF CONSERVATOR OF FORESTS(WILD LIFE), PALAKKAD-678002. 2. THE WILD LIFE WARDEN, WAYANAD WILD LIFE DIVISION, SULTHAN BATHERRY, WAYANAD-673592. BY SPL. GOVT. PLEADER SRI.JAMES KURIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 27154 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE VAT ACT DATED 25-6-2007. EXT.P2 : TRUECOPY OF THE RECEIPT DATED 19-2-11 FOR RENEWAL OF LICENCE ISSUED BY SULTHAN BATHERRY GRAMA PANCHAYATH. EXT.P3 : TRUE COPY OF THE LETTER NO.W(3) 1315/02 DATED 08-04-2002 OF THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE LETTER NO.W5-1992/07 DATED 25-4-2007 ISSUED BY THE 2ND RESPONDENT. EXT.P5 : TRUE COPY OF THE LETTER W5-1952/07 DATED 27-4-2007. EXT.P6 : TRUE COPY OF THE PROPERTY MARK REGISTRATION CERTIFICATE DATED 25-4-2007 ISSUED TO THE PETITIONER. EXT.P7 : TRUE COPY OF THE ORDER NO.W3-1952/07 DATED 18-7-2011 OF THE 2ND RESPONDENT. EXT.P8 : TRUE COPY OF THE APPEAL PETITION DATED 07-08-2011. EXT.P9 : TRUE COPY OF THE ORDER NO.P1-1677/2011 DATED 30-09-2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE. STU ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27154 of 2011 T ``````````````````````````````````````````````````````````` Dated this the 14th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a dealer in timber who was granted Property Mark Registration certificate No.1/2008 with validity upto 31.03.2012 under the provisions of the Kerala Forest Produce Transit Rules, 1975. The registration was cancelled as per Ext.P7 order. Against the said order, Ext.P8 appeal was filed before the first respondent and the first respondent has rejected the appeal by Ext.P9. It is challenging Exts.P7 and P9, the writ petition is filed. 2. A reading of Ext.P7 order shows that, in a raid conducted by the forest officials in the depot of the petitioner, they seized illicitly collected government rose wood timber from the petitioner apart from the vehicles which are involved in the offence. Following this, a detailed enquiry was ordered to be conducted by the Wild Life Warden, Wayanad. Accordingly, the Assistant Wild Life W.P.(C) No.27154/2011 : 2 : Warden conducted an enquiry and submitted his report dated 13.03.2009, which disclosed misuse of form IV passes issued to the petitioner in as much as manipulations regarding the species of timber was found out. The manipulation was admitted by the petitioner in the statement given by him to the aforesaid officer. The aforesaid conduct of the petitioner amounts to violation of the provisions of the Forest Produce Transit Rules, 1975. It was therefore that the property mark registration was ordered to be cancelled by the Wild Life Warden by Ext.P7 order issued by him. Thus, this is a case where irregularities were admitted by the petitioner himself in the statement given by him. If that be so, a case of violation of the Rules has been made out and consequently, an order of cancellation cannot be said to be illegal for any reason. If that be so, the appellate order rejecting Ext.P8 appeal, confirming Ext.P7 order also cannot be faulted. Writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/10