IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 7909 of 2006(N) ---------------------------------------- PETITIONER: --------------------- MARIYAMMA MANI, W/O.VARKEY MANI, AGED 65 YEARS, KUZHIKKATTIL HOUSE, PADICUP, VALARA POST, MANNANKANDAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.M.M.ALIAS RESPONDENTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. FOREST RANGE OFFICER, ADIMALI. BY GOVERNMENT PLEADER SRI. RENJITH THAMPAN - R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7909/2006 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PATTAYAM NO.L.A.118/1993, DTD.18/2/2000. EXT.P2: COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, DTD. 5/06/2004. EXT.P3: COPY OF THE APPLICATION DTD. 20/02/2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, MANNAMKANDAM VILLAGE. EXT.P5: COPY OF THE ACT 2004, WHICH WAS PASSED BY THE LEGISLATIVE ASSEMBLY OF KERALA STATE. EXT.P6: COPY OF THE “KERALA VRIKSHAM VALARTHAL PROLSAHANA (AMENDMENT) ACT 2005”. EXT.P7: COPY OF THE EXPLANATION REGARDING THE “KERALA VRIKSHAM VALARTHAL PROLSAHANA (AMENDMENT) ACT 2005” ISSUED BY HONOURABLE MINISTER OF KERALA FOR THE FOREST DEPARTMENT. EXT.P8: COPY OF THE PUBLICATION OF THE STATE GOVERNMENT MENTIONING THE NAME OF THE NOTIFIED VILLAGES. RESPONDENT'S ANNEXURES: ANNEXURE R2(A): COPY OF FORM 1 REPORT DTD. 18/03/2006 IN OFFENCE NO.3/06. ANNEXURE R2(B): COPY OF MAHZAR DTD. 18/03/06. ANNEXURE R2(C): COPY OF REPORT DTD. 21/02/2006 OF THE VILLAGE OFFICER, MANNAMKANDAM. /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.7909 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: a) Issue a writ of mandamus, order or direction directing the 2nd respondent to issue permit for transporting the Anjili timber of one tree from the petitioner's land to sawmill and returning sawn timber as per Ext.P3 application submitted by the petitioner. In view of Exhibit P7, apparently Anjili tree is excluded. There will be a direction to the second respondent to take a fresh decision on Exhibit P3 application in the light of Exhibit P7, with notice to the petitioner, within a period of one month from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.7909 OF 2006 J U D G M E N T 24.09.2008