IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 22215 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------ 1. M.M.SHERIFF, MOOTHEDEHUM HOUSE PAIMATTAM KAVU, KUTHAMANGALAM VILLAGE. 2. K.T.HARI, KUZHIMUNGAI P.O.NELLIMUTTAM, KUTTAMANGALAM. BY ADVS. SMT.GOVINDU P.RENUKADEVI MR.T.B.SHAJIMON RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE STATE FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RANGE OFFICER, KOTHAMANGALAM. 3. FOREST GUARD, THADIKULAM. 4. THE CHIEF CONSERVATIVE OF FOREST, THIRUVANANTHAPURAM. R1 TO R4 BY SPL. GOVERNMENT PLEADER HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 22215 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of August, 2009 JUDGMENT Petitioners claim to be interior decorators by profession. They are aggrieved by, what they state as, harassment meted out to them and the members of their family by respondents 2 and 3. It seems that they threatened the petitioners' family members and a complaint has been preferred before the Onnukal Police Station. Crime No.494 of 2009 has been registered under sections 447 and 427 of the Indian Penal Code. This writ petition has been filed praying for the following reliefs:- “1) to issue a writ of mandamus directing the respondents not to harass the petitioners and their family members. 2) to issue a writ of mandamus directing the 4th respondent to take appropriate official actions against respondents 2 and 3. 3) to pass any other order or direction deems fit and proper to the circumstances of this case and thus render justice.” 2. A statement has been filed by the 2nd respondent wherein it is stated that when illicit felling and removal of a teak tree from the reserved forest area of Thattakkad section in Kothamangalam Range was detected, O.R.Nos.9, 10 and 12 of 2009 were registered and papers have been W.P.(C) No. 22215/09 2 forwarded to the Judicial Magistrate of the First Class, Kothamangalam. The respondents have initiated steps to find out the culprits. The 1st petitioner and another were involved in O.R. No.14 of 2001, which was registered for the commission of theft from the Timber Depot, Thalakode. That case is pending as C.C. No.933 of 2002 before the Judicial Magistrate of the First Class, Kothamangalam. 3. There is a general allegation against the petitioners. Details in this regard are not forthcoming. There is no justification for the forest officials intimidating the family members of the petitioners for any act of the petitioners themselves. If they are investigating any forest offence, they are bound to conduct the same in a legitimate manner. If the petitioners are required in the course of investigation of any forest offence, they shall be summoned to the office of respondents 2 and 3 by a summons in writing. Necessary enquiry can be made only in the said course. It is made clear that the family members of the petitioners obviously cannot be comprehended by such enquiry or investigation, if they are not involved in any forest offence. The writ petition is disposed of as above. V. GIRI, JUDGE. mn.