IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 22217 of 2010(Q) -------------------------- PETITIONER(S): --------------- 1. PREETHI ALJO, W/O.ALJO, PUTHUPPARA HOUSE, ERAVOOR VILLAGE, ALUVA, ERNAKULAM. 2. JOICY LAGI, W/O.LAGI, PUTHUPPARA HOUSE, ERAVOOR VILLAGE, ALUVA, ERNAKULAM. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ROSHEN.D.ALEXANDER SMT.INDU SUSAN JACOB SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. VENUGOPAL. M.R. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22217 of 2010 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE COMMISSION REPORT DATED 17.05.2008 FILED BY ADVOCATE AGIMON. A.S. P2 : COPY OF COMMISSION REPORT DATED 18.06.08. P3 : COPY OF THE COMMISSION REPORT AND SKETCH DATED 15.07.08. P4 : COPY OF THE COMMUNICATION BETWEEN DIVISIONAL FOREST OFICER, FLYING SQUAD DIVISION, IDUKKI TO THE DIVISIONAL FOREST OFFICER, KOTTAYAM DTD. 21.05.2008. P5 : COPY OF THE ORDER DATED 31.07.08 IN O.S. 111/08. P6 : COPY OF THE COMMON-JUDGMENT DTD. 12.11.2008 IN W.P.C. NOS. 26730 AND 28700 OF 2008. P7 : COPY OF THE FOREST OFFENCE SEIZURE REPORT (PRELIMINARY) DATED 19.06.2008. P7(a) : COPY OF THE MAHAZAR DATED 21/06.2008. P8 : COPY OF THE FOREST OFFENCE CHARGE SHEET ISSUED BY THE KERALA FOREST DEPARTMENT DATED 2.11.2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd BHABANI PRASAD RAY, J. = = = = = = = = = = = = = WP(C).No.22217 of 2010-Q. = = = = = = = = = = = === Dated this the 4th July, 2011. J U D G M E N T Heard the learned counsel for the petitioners and the learned Public Prosecutor for the respondent. 2. The petitioners have been implicated in CC.No.406/2009 on the file of the Judicial Magistrate of the First Class-I, Peerumedu under Section 27(1)(e)(ii) and (iv) of the Kerala Forest Act, 1961. The prosecution case is that the petitioners have trespassed into the forest land. The specific case of the prosecution is that the petitioners have violated the provisions of Section 27(1)(e)(ii) and (iv) of the Act. The said provisions are quoted below for ready reference: “Sec.27(1)(e)(ii) and (iv): Penalties for trespass or damage in Reserved Forests and acts prohibited in such forests: (1) Any person who - xxx xxx xxx (e) in a Reserved Forest or in a land proposed to be constituted Reserve Forest - WP(C).No.22217/2010-Q. 2 xxx xxx xxx (ii) damages, alters or removes any wall, ditch, embankment, fence, hedge or railing; or xxx xxx xxx (iv) trespasses or pastures cattle or permits or causes cattle to trespass.” 3. On a perusal of the above provisions, I do not find that the petitioners have violated any of the aforesaid provisions. Therefore, the prosecution steps initiated under Section 27(1)(e)(ii) and (iv) of the Kerala Forest Act cannot be sustained and the matter is treated as closed. The writ petition is allowed as above. BHABANI PRASAD RAY, (Judge) Kvs/-