IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 CRP.No. 3142 of 2001() ---------------------- OS.128/1997 of PRL.MUNSIFF COURT, PALAKKAD .................... REVN. PETITIONER(S): --------------------- KADER MOIDEEN, S/O.HASSAN RAWTHERE, MALAYIDUKKU HOUSE, KAKKAYUR, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.JEBY JACOB RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CONSERVATOR OF FORESTS, OLAVAKKODE CIRCLE, PALAKKAD. 3. THE DIVISIONAL FOREST OFFICER, AUTHORIZED OFFICER, PALAKKAD. 4. THE RANGE OFFICER, FOREST RANGE OFFICE, WALAYAR, PALAKKAD. 5. P.RADHAKRISHNAN, FOREST GUARD, WALAYAR CHECK POST, PALAKKAD. GOVERNMENT PLEADER SRI. M.P.PRAKASH FOR R1TO4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= C.R.P. No. 3142 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of October, 2009 O R D E R Revision petitioner is the plaintiff in O.S.No.128 of 1997 of Munsiff’s Court, Palakkad. Respondents 1 to 5 are the defendants in that suit. First respondent is State of Kerala represented by Chief Secretary, second respondent is Conservator of Forests, Palakkad, third respondent is Divisional Forest Officer, Palakkad, fourth respondent is Range Officer, Forest Range Office, Walayar, Palakkad and fifth respondent is Forest Guard, Walayar Check Post, Palakkad. The revision petitioner filed a suit for injunction and recovery of damages. The allegation of the revision petitioner/plaintiff was that he is the owner of a tempo van bearing registration No. KL-9-9417, which was seized by respondents 4 and 5, while transporting timber, stating that it was used for transporting timber without permit. He filed O.P.No.470 of 1997 before this Court and got released the vehicle by order dated January 24, 1997. While the vehicle was in the custody of respondents 4 and 5, considerable damage was caused by exposing to sun and rain. Therefore, he filed the suit before the lower court for the aforesaid relief. C.R.P.3142/01 2 2. The suit was listed to March 2, 2001 for trial. The plaintiff was not able to appear before the court, as he was not doing well. Therefore, the lower court dismissed the suit for default. The plaintiff filed I.A. No.1425 of 2001 before the lower court to restore the suit. The lower court by order dated June 18, 2001 allowed the petition, but directed the revision petitioner to pay cost of Rs.2,000/- to the Legal Services Authority. As the revision petitioner was not able to pay cost, the I.A. was also dismissed on June 25, 2001. The revision petitioner challenges the said order in this revision petition. 3. The learned Government Pleader appearing for the respondents submits that the vehicle was already ordered to be confiscated, as provided under section 61A of the Kerala Forest Act by order dated June 1, 1998 by the Divisional Forest Officer, Palakkad and that therefore, the suit itself is not maintainable. 4. On hearing the submissions made by both sides, I feel that the plaintiff should be given a chance to proceed with the case. Respondents will be entitled to raise all their contentions before the lower court. Therefore, I am inclined to set aside the order in I.A. No.1425 of 2001 in O.S. No. 128 of 1997 on the file of the Munsiff’s Court, Palakkad dismissing the application and allow the application restoring the suit to C.R.P.3142/01 3 file. The learned Munsiff shall dispose of the suit as early as possible but not later than six months form the ate of receipt of copy of this order, after affording an opportunities to adduce evidence to both sides. The parties shall appear before the trial court on 20-11-2009. P.Q.BARKATH ALI, JUDGE. mn. C.R.P.3142/01 4 P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= C.R.P. No. 3142 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= O R D E R 28th day of October, 2009