IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34151 of 2008(N) -------------------------- PETITIONER: --------------- THANKACHAN, S/O.DAMODARAN, 48 YEARS KACHIRAYIL HOUSE, KANJIKUZHY VILLAGE THODUPUZHA TALUK, IDUKKI. BY ADV. SRI.JOICE GEORGE RESPONDENTS: --------------- 1. DISTRICT COLECTOR, IDUKKI COLLECTORATE, PAINAVU PO., IDUKKI. 2. TAHSILDAR, THODUPUZHA, TALUK OFFICE, MINI CIVIL STATION THODUPUZHA. 3. VILLAGE OFFICER, KANJIKKUZHY VILLAGE OFFICE, IDUKKI-KANJIKKUZHY IDUKKI. 4. DIVISIONAL FOREST OFFICER, KOTHAMANGALAM O/O.THE DIVISIONAL FOREST OFFICE, KOTHAMANGALAM PO. IDUKKI. 5. FOREST RANGE OFFICER, NAGARAMPARA FOREST RANGE OFFICE, IDUKKI COLONY PO., IDUKKI. 6. FOREST RANGE OFFICER, KALIYAR, FOREST RANGE OFFICE, KALIYAR PO., IDUKKI. BY GOVT. PLEADER SHRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34151 of 2008 -------------------------- Dated this the 26th November, 2008 J U D G M E N T Petitioner claims to be the owner in possession of one acre and 90 cents of land in Sy. No.161/1 of Kanjikuzhy village in Idukki District. He submitted an application before the 5th respondent Range Officer to cut a teak tree from his property under the provisions of the Kerala Preservation of Trees Act, 1986. It seems that request was recommended by respondents 2 and 3, the Thahasilar and the Village Officer. Petitioner submits that he was granted permission in that behalf as evidenced by Exhibit P5. On the basis of the said permission, petitioner cut one teak tree from his property and he was granted a transit pass to transport the timber on 24.04.2008 through the Kurithukulam check post. But the driver chose the shortest way through Vannapuram-Kaliyar instead of Kurithukulam. Sixth respondent seized the timber and lorry on 29.4.2008 and O.RNo. 4/08 in the Kaliyar Forest Range was registered. Petitioner has approached the 5th respondent for release of the timber W.P ( C) No.34151of 2008 2 and has submitted Exhibit P9 representation. This writ petition has been filed seeking appropriate direction to the 4th and 6th respondent to release the vehicle with timber. 2. Learned Special Government Pleader Sri.Renjith Thampan submits that confiscation proceedings initiated from OR No.4/2008 has been completed on 13.5.2008 and an order has been passed in this regard. 3. If that be so, it is up to the petitioner to pursue further statutory remedy arising therefrom. Learned counsel for the petitioner submits that petitioner had not received any notice of such confiscation proceedings. Be that as it may, copy of the order in the confiscation proceedings shall be sent to the petitioner by registered post within two weeks from today. Thereupon it is open to the petitioner to file an appeal against the confiscation as permissible in law treating the date of receipt of a copy of the order as date of service of the same. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.34151of 2008 3 W.P ( C) No.34151of 2008 4