IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 OP.No. 2266 of 2003(T) -------------------------------- PETITIONER: ------------------- R.VASUDEVAN PILLAI, S/O. RAGHAVAN PILLAI, AGED 50 YEARS, PUTHUKATTIL PUTHENVEETTIL, MARAYOOR KARA, MARAYOOR VILLAGE, DEVICOLAM TALUK. BY ADV. SRI.T.V.GEORGE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, DEVICOLAM FOREST DIVISION, DEVICOLAM. 3. NOBERT DILEEP, DEPUTY FOREST RANGE OFFICER, MARAYOOR FOREST RANGE, MARAYOOR, DEVICOLAM TALUK. 4. SHANAWAZ, FORESTER, MARAYOOR FOREST RANGE, MARAYOOR. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 2266/2003-T: ORDER ON C.M.P. NO. 4285/2003 IN O.P. NO. 2266/2003-T DISMISSED 15/10/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION ISSUED FROM SALES TAX DEPARTMENT, COCHIN IN FAVOUR OF THE PETITIONER. EXT.P.2: COPY OF THE FORM-I REPORT FILED BY THE DEPUTY RANGER, FOREST STATION, MARAYOOR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, DEVICOLAM, IN OR.208/2002 U/S 27 (I) E III & IV OF KERALA FOREST ACT, (AMENDMENT) 1993 DTD. 24/11/2002. EXT.P.3: COPY OF THE FORM-I REPORT IN OR.212/02 DTD. 30/11/2002 FILED BY -DO- BEFORE -DO-. EXT.P.4: COPY OF THE FORM-I REPORT IN OR.221/02 DTD. 12/12/2002 FILED BY -DO- BEFORE -DO-. EXT.P.5: COPY OF THE COMPLAINT PREFERRED BY PETITIONER DTD. 24/12/2002 BEFORE THE R.2. EXT.P.6: COPY OF THE SEARCH RESULT REPORT HANDED OVER TO PETITIONER'S BROTHER. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE WRITINGS TAKEN FROM THE WITNESS IN STAMP PAPER WORTH RS.100/-. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------- O.P. No.2266 OF 2003 ------------------------------------ Dated this the 15th day of October, 2008. J U D G M E N T This original petition is filed mainly with the following prayer: i) Issue a writ of certiorari quashing Exhibits P2, P3 and P4 Form-I reports filed in OR.208/2002, 212/2002 and 221/2002 respectively in the Judicial First Class Magistrate Court, Devikulam as the same are the results of high misuse of power, and abuse of process of law and Court. Since the petitioner is free to take all available contentions before the Judicial First Class Magistrate, Devikulam, it is not necessary for this Court at this stage to go into the various contentions regarding harassment etc. In case the petitioner has been falsely implicated in the crimes, it will be open to him to take the same as a valid defence and establish his innocence. Therefore, without prejudice to the liberty to the petitioner to take all such contentions before the Judicial First Class Magistrate, Devikulam, this original petition is disposed of. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P.No. 2266 OF 2003 J U D G M E N T 15.10.2008