IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 35009 of 2007(P) -------------------------------------- - PETITIONER(S): ----------------------- K.M.UNNIKUMARAN S/O.K.P.MADHAVAN,KOODALAKATTIL VEETTIL KUNNISSERY AMSOM, ALATHUR TALUK. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY FOREST AND WILD LIFE, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, VIGILANCE, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, NENMARA. 4. THE DY SUPERINTENDENT OF POLICE ALATHUR. 5. AHAMMED,S/O. MOHAMMED KASIM, CHERIKALLU, PARUMPADU, ARAKUZHY.(DELETED) * 5. AHAMMED, SON OF MOHAMMED KASIM, CHERIKALLU, PARAMPADU, ARAKUZHY. *DELETED AS PER ORDER IN IA. NO.10818/08 DTD. 29.9.08. R1 TO R4 BY GOVERNMENT PLEADER SRI.POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35009/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION SUBMITTED TO THE MINISTER FOR FORESTS. P1(a):- COPY OF THE ACKNOWLEDGEMENT RECEIVED FOR HAVING RECEIVED EXT.P1 AND FORWARDING THE SAME TO 2ND RESPONDENT. P2:- COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE BUILDING. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35009 of 2007 P ``````````````````````````````````````````````````````` Dated this the 8th day of September, 2010 J U D G M E N T The petitioner is the owner of building bearing No.369 and 370 in Ward No.2 of Erimayur Grama Panchayat. The building was given on lease to one Sri.Ahammed. During the currency of the lease, the Forest Department booked a case against the tenant for having stocked a huge quantity of illicit sandal wood. The proceedings are still pending and the tenant has also vacated the building. All these happened sometime in 2005. Since 2005 the petitioner has been representing to the Forest authorities to remove the sandal wood which is still stocked in the building in question, so that the petitioner can make use of the building. The said request was not considered and, therefore, the writ petition is filed. 2. Learned Government Pleader, on instructions, submits that on receipt of the request of the petitioner, they have moved the higher authorities of the Forest Department, requesting for sanction for shifting of the stock. It is stated that so far orders have not been received and that on receipt of orders, necessary action will be taken. WPC.35009/07 : 2 : 3. As already seen, the proceedings are only against the tenant and there is no allegation that the petitioner is involved in the alleged offence. Since 2005, the seized sandal wood is kept in the building in question and as a result of which, the petitioner, the landlord, is disabled from making use of the building in the manner he wants. In such circumstances, when request is made by the petitioner, in my view, it is necessary that the authorities should take appropriate action for getting the sandal wood shifted. 4. Having regard to the submission of the learned Government Pleader that they have already moved the higher authorities of the Forest Department seeking orders in this matter, I direct that necessary orders in this matter shall be passed and the goods should be shifted from the building of the petitioner, at any rate, within two months from today. 5. The petitioner shall produce a copy of this judgment before the third respondent, who shall do the needful in the matter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks