IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 4913 of 2010(L) ------------------------- PETITIONER: --------------- SHERIEF NAZIMUDHIN, TC 41/2607, SHAH MANZIL, MANACAUD P.O., THIRUVANANTHAPURAM-695 009. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.S.VENUGOPAL SRI.N.P.PRAJEESH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST & WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)No.4913 of 2010 ------------------------------------------ Dated this the 22nd day of February, 2010 JUDGMENT The main prayer in the writ petition is for a direction to the respondents to extend the time for remittance of balance bid amount as requested by the petitioner in Exts.P1 and P3. He is a proprietor of Shereif N Shereif Merchants and Forest Contractors', an establishment doing timber business. He participated in the auction sale conducted in 22 depots of the forest departments, based on an order from UAE. With regard to the 8 depots referred in paragraph '3' of the writ petition, he has deposited 35% of the portion amount and could not deposit the balance within the time allowed. According to the petitioner, it is because of the global economic recession that he could not collect the required amount from UAE, and make the deposit in time. This required him to seek an extension from the authorities which did not evoke any positive response. 2. By Ext.P1 representation he approached the Honourable Minster for Forests, Government of Kerala and by Ext.P2 communication it was informed that the matter is forwarded to the concerned department. Seeking for extension for a further period of three months for deposit he has filed W.P.(C)No.4913 of 2010 2 Ext.P3 before the Kerala Forest Chief Conservator (Protection). 3. The learned Government Pleader on instructions submitted that second respondent is not a competent authority to grant extension in the matter and within the period of 90 days only the Depot Officer alone was competent to grant an extension. That period is also over. 4. In that view of the matter, it is for the Government alone to consider the request made by the petitioner. Therefore there will be a direction to the first respondent to take a decision on Ext.P1 in the light of the communication issued by the petitioner as per Ext.P2 within a period of one month from the date of receipt of a copy of this judgment. Till a final decision is taken on Ext.P1, steps to conduct re-auction will be kept in abeyance. The petitioner will produce a copy of this writ petition along with a copy of the judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj