IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 13355 of 2004(M) -------------------------------- PETITIONER: --------------- JESSY SCARIA, VADAPARAMBIL HOUSE, CHENGULAM EAST, CHITHIRAPURAM. RESPONDENTS: --------------- 1. FOREST RANGE OFFICER, DEVIKULAM, DEVIKULAM P.O. 2. VILLAGE OFFICER, KUNJITHANNI VILLAGE, CHITHIRAPURAM. ADV. SRI. T.R. RAVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 13355/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PATTA NO.8785 DATED 04.05.1978. EXT.P2 : TRUE COPY OF THE TAX RECEIPT DATED 27.03.2004. EXT.P3 : TRUE COPY OF THE APPLICATION SUBMITTED UNDER SECTIONS 4 AND 5 OF THE PRESERVATION OF TREES ACT. EXT.P4 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER DT.06.07.2001. EXT.P5 : TRUE COPY OF THE PASS WITH ATTACHED LIST OF TIMBER LOGS DT.17.06.2003. EXT.P6 : TRUE COPY OF THE STOP MEMO DATED 01.04.2004 ISSUED BY THE VILLAGE OFFICER. EXT.P7 : TRUE COPY OF THE PETITION DATED 01.04.2004 SUBMITTED BY THE PETITIONER TO the 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.13355 of 2004 - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. To issue a writ of mandamus or other appropriate writ, direction or order directing the first respondent to issue pass for transporting the two trees namely, Punnappa and Pali, for which Ext.P3 sanction has been accorded to cut and remove them; 2. To quash Ext.P6 by issuance of a writ of certiorari or other appropriate writ, order or direction. By interim order dated 30.04.2004, this Court directed release of the timber in question on execution of a personal bond for payment of the value of trees estimated by the 1st respondent and subject to the result of the adjudication relating to the petitioner. No proceedings have been initiated against the petitioner so far. Therefore, the interim order is made absolute and this writ petition is closed. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 O.P. No. -:3:- ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT