IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 15286 of 2004(T) -------------------------- PETITIONER: ------------ P. SANTHOSH KUMAR, S/O. P. KRISHNAN KUTTY, AGED 38 YEARS, R/O. PULIKATHARA HOUSE, VANIYAMBALAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE SENIOR MANAGER (FORESTS), HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGAR-686 616, KOTTAYAM DISTRICT, KERALA. 2. THE MANAGER DIRECTOR, HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGAR-686 616, KOTTAYAM DISTRICT, KERALA. BY SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.15286/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PURCHASE ORDER DATED 24-10-2001 ISSUED BY THE RESPONDENTS TO THE PETITIONER. EXT.P2. TRUE COPY OF OTHE LETTER DATED 20-11-2001 ISSUED BY THE RESPONDENTS TO THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION. EXT.P3. TRUE COPY OF THE LETTER DATED 16-1-2002 ISSUED BY THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION TO THE RANGE OFFICER, AGALI RANGE. EXT.P4. TRUE COPY OF THE PROCEEDINGS DATED 10-9-2002 OF THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION. EXT.P5. TRUE COPY OF THE RECEIPT DATED 10-7-2002 FOR RS.1,500/- DEPOSITED BY THE PETITIONER. EXT.P6. TRUE COPY OF THE NO LIABILITY CERTIFICATE DATED 11-7- 2002 ISSUED BY THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION TO THE RESPONDENTS. EXT.P7. TRUE COPY OF THE PURCHASE ORDER DATED 2-1-2002 ISSUED BY THE RESPONDENTS TO THE PETITIONER. EXT.P8. TRUE COPY OF THE LETTER DATED 10-1-2002 ISSUED BY THE RESPONDENTS TO THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION. EXT.P9. TRUE COPY OF THE NO LIABILITY CERTIFICATE DATED 11-7- 2002 ISSUED BY THE DIVISIONAL FOREST OFFICER, MANNARKKAD FOREST DIVISION TO THE RESPONDENTS. EXT.P10. TRUE COPY OF THE MAHAZAR DATED 6-3-2002 PREPARED BY SRI.N.M.ABDUL AZEEZ, DEPUTY RANGER. EXT.P11. TRUE COPY OF THE NO LIABILITY CERTIFICATE DATED 11- 7-2002 OF THE PETITIONER ISSUED BY THE DIVISIONAL FOREST OFFICER, MANNARKKAD TO THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a). TRUE COPY OF THE WORK ORDER DATED 3-1-2002 NO.HNL/FD/2001 01 037 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.R1(b). TRUE COPY OF THE LICENCE NO.5/2001-2002 ALONG WITH COVERING LETTER DATED 16-1-2002 NO.B1-2855/01 ISSUED BY THE DFO, MANNARKKAD TO THE RANGE OFFICER, AGALY. EXT.R1(c). TRUE COPY OF THE LETTER DATED 17TH DECEMBER 2001 RECEIVED FROM THE PETITIONER. EXT.R1(d) TRUE COPY OF THE ORDER DATED 20TH NOVEMBER 2002, NO.B1-2855/2001 ISSUED BY THE DFO, MANNARKKAD TO THE 1ST RESPONDENT. EXT.R1(e) TRUE COPY OF THE ORDER DATED 31ST JULY 2003, NO.B1- 2855/01 ISSUED BY THE DFO, MANNARKKAD TO THE 1ST RESPONDENT ALONG WITH ITS ENCLOSURE, REVISED CALCULATION STATEMENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C)No.15286 of 2004 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to release the payment of security and earnest money deposits to the petitioner with interest @ 12% per annum, after completion of the contracts of extraction and transportation of Reeds from Agali Range Mannarkkad Forest Division and Acacia Wood from 1986 Sholayur, Agali Range, Mannarkkad Forest Division. In case the petitioner is still aggrieved he may work out the relief before the civil court in which event the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C)No.15286 of 2004 ----------------------------------- JUDGMENT 29th February, 2008