IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 21501 of 2008(I) -------------------------- PETITIONER: ------------ VENKITA SUBBAN, S/O. DASAN CHETTY, AGED 72, EDAKOD HOUSE, THRISSILERY.P.O, MANANTHAWADY, WAYANAD DT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT: ------------- THE TAHSILDAR, MANANTHAVADY. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21501 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th July, 2008. J U D G M E N T As instructed by the Secretary of the Thrissilery Panchayat, for the purpose of widening a Panchayat road passing by the side of the petitioner's property, the petitioner felled some trees which, according to the petitioner, were standing in the petitioner's property over which he had absolute rights . The Village Officer, Thrissilery seized the timber on the ground that the timber was cut from the property assigned as per Ext. P2, trees standing on which were reserved by the Government and therefore the trees belong to the Government and not to the petitioner. Thereafter, the timber was entrusted to the custody of the petitioner himself, under a receipt, for safe custody. The petitioner submits that the timber, being soft wood, is deteriorating fast and therefore the petitioner may be permitted to sell the timber and deposit the sale proceeds in the Treasury till the disposal of the proceedings initiated by the Tahsildar under the Kerala Land Conservancy Act. According to the petitioner, irrespective of the final orders to be passed, either the Government or the petitioner is losing if there is delay in disposing of the timber expeditiously. 2. The learned Government Pleader opposes the same. He submits that without finally disposing of the land conservancy case, the petitioner cannot be permitted to sell the timber. Having heard both sides, I dispose of this writ petition with a direction to the respondent to complete the proceedings initiated by him in respect of the timber in question as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. Needless to say, the petitioner shall be afforded an opportunity of being heard before passing final orders. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.