IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 17268 of 2007(E) -------------------------- PETITIONER(S): --------------- CHACKO BABY, S/O. CHACKO, AGED 51 YEARS, VANDANAKKARA HOUSE, EAST MARADY P.O., MUVATTUPUZHA. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM. 2. THE CONSERVATOR OF FOREST, KOTTAYAM. 3. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. 4. THE FOREST RANGE OFFICER, KOTHAMANGALAM. 5. MARADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MARADY,MUVATTUPUZHA. BY ADV. SMT. M.R. SREELATHA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 17268/2007 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT. P1: TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 30.11.2000 BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE LICENCE DATED 13.06.2001 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3: TRUE COPY OF THE NOTICE DATED 04.11.2005 OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4: TRUE COPY OF THE EXPLANATION DATED 21.11.2005 OF THE PETITIONER TO THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER DATED 31.01.2006 OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P6: TRUE COPY OF THE FIR DATED 17.03.2005. EXT.P7: TRUE COPYOF THE BILL DATED 04.06.2004 ISSUED BY S.K.P. TIMBER TRADE, TRIVANDRUM. EXT.P8: TRUE COPY OF THE PASS ISSUED BY THE DFO, KOTHAMANGALAM. EXT.P9: TRUE COPY OF THE BILL AND LIST OF TEAK LOGS ISSUED BY C.P. TIMBERS. EXT.P10: TRUE COPY OF THE STOCK ISSUE REGISTER VERIFIED BY FOREST OFFICERS. EXT.P11: TRUE COPY OF THE REPRESENTATION DATED 25.04.2008 BY THE PETITIONER. EXT.P12: TRUE COPY OF THE JUDGMENT DATED 08.08.2008 IN W.P.(C) NO. 21159/2008. RESPONDENTS' EXHIBITS:- ANNEXURE R4(a):- TRUE COPY OF ORDER NO.G1. 970/05 DATED 14.08.2007 OF THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. ANNEXURE R4(b):- TRUE COPY OF NOC SHOWING THE CONDITIONS. V. GIRI, J. ========================== W.P.(C) No. 17268 of 2007 ========================== Dated this the 20th day of October, 2008. JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The writ petition has been filed challenging Ext.P5 order passed by the Divisional Forest Officer declining a no objection certificate to the petitioner. Though several contentions have been raised challenging Ext.P5, later the petitioner filed Ext.P11 representation before the Conservator of Forest seeking reconsideration of the issue. 3. The counsel for the petitioner submits that at this stage it would suffice that a direction is issued to the Conservator to consider Ext.P11. 4. I have heard the learned Government Pleader also. 5. In the circumstances, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P11 in accordance with law, after hearing the petitioner, within a period of six weeks of date of receipt of a copy of this judgment. A copy of the writ petition along with a copy of the judgment shall be produced before the 2nd respondent. V. GIRI, JUDGE. rv