IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23336 of 2011(N) -------------------------- PETITIONER(S): --------------- 1. R.RAJEEVAN, S/O.RAGHAVAN, RAGHAVEEYAM, PATTATHANAM, KOLLAM - 21. 2. M.K.SALIM, S/O.KHADER, MANGAT HOUSE, ASAMANNOOR P.O., ODAKKALI, PERUMBAVOOR. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, MAIN BLOCK, THIRUVANANTHAPURAM - 01. 2. THE CONSERVATOR OF FORESTS (SOUTHERN CIRCLE), OFFICE OF THE CONSERVATOR OF FORESTS, CHINNAKKADA, KOLLAM - 691 001. 3. THE DIVISIONAL FOREST OFFICER, ACHANKOVIL FOREST DIVISION, ACHANKOVIL P.O., PIN - 689 696, TEL: 0475 - 2342315. 4. SHARIEF NASIMUDEEN, T.C. 41/2607, GHS LANE, TRA 3, MANACAUD POST, THIRUVANANTHAPURAM - 695 009. BY SR. GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23336 of 2011 APPENDIX PETITIONER'S EXHIBITS EXT P1- THE TRUE COPY OF THE SCHEDULE TO NOTIFICATION DATED 6.1.2011 EXT P2- THE TRUE COPY OF THE LETTER DATED 6.8.2011 ALONG WITH CHELLANS. EXT P3- THE TRUE COPY OF THE NOTICE NO.A1-2453/10 DATED 5.8.2011 EXT P4- THE TRUE COPY OF THE NOTICE NO.A1-2455/10 DATED 5.8.2011 EXT P5- THE TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER TO GRANT THE FREE GRACE PERIOD UPTO 9.4.2012 DATED 17.8.2011 EXT P6- THE TRUE COPY OF THE REQUEST BY THE 2ND PETITIONER TO GRANT THE FREE GRACE PERIOD UPTO 9.4.2012 DATED 17.8.2011. RESPONDANTS'S EXHIBITS ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23336 OF 2011 ----------------------------------------------------- Dated this the 6th day of September, 2011 J U D G M E N T In an auction of the forest produce conducted by the respondents, petitioners were the successful bidders. By Exts.P2 and P3 they were informed that the auction has been confirmed in their favour and also asking them to remit the balance specified amounts and enter into an agreement by 25.8.2011. According to the petitioners on account of various reasons the time for completion of the work was insufficient and therefore they submitted Ext.P5 representations to the Conservator of Forests, 2nd respondent. No response has been received to the representations. It is therefore the writ petitions are filed seeking the following prayer. “Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 and 3 to consider Exts.P5 and P6 and allot free W.P.(C) No. 23336 OF 2011 :2 : time upto 9.4.2012 for execution of the agreement, payment of the amount demanded by Exts.P2 and P4 and for completing the cutting and removal of timber/trees pursuant to the auction as evidenced by Exts.P1 to P4 without insisting for any kind of penalty/penal interest/surcharge or other amount than the balances of the purchased price its tax and cess.” 2. The learned Government Pleader submits that in terms of the sale conditions the petitioners should have remitted the amounts as directed in Exts.P3 and P4 before 25.8.2011. It is also submitted that it is only thereafter the petitioners can seek enlargement of time. 3. However, the fact remains that, for various difficulties pointed out by the petitioners, the time provided was insufficient and it was therefore they sought enlargement of time by making Exts.P5 and P6 W.P.(C) No. 23336 OF 2011 :3 : representations. In that view of the matter it is essential for the 2nd respondent to decide whether the extension of time as sought for is to be allowed to the petitioners. 4. In view of the pendency of Exts.P5 and P6, without expressing anything on the merits of the case, I dispose of the writ petitions directing the 2nd respondent to consider and pass orders on Exts.P5 and P6 as expeditiously as possible. This shall be done at any rate within 2 weeks of production of a copy of this judgment along with copies of representations. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge