IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 6391 of 2010(Q) ------------------------- OR.6/2006 of FOREST TRIBUNAL, MANJERI .................... PETITIONER(S): ------------------------- MAMPUZHAYIL MATHEW, S/O.JOSEPH, AGED 58 YEARS, ODAKKAYAM, P.O.VETTILAPPARA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ----------------------------- 1. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY SPL. GOVERNMENT PLEADER(FORESTS)SRI. P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- W.P (C). No.6391 of 2010 -------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT In this Writ Petition filed under Article 226 and 227 of the Constitution of India, the petitioner, who is the accused in O.R.No.6/2006 of Edavanna Forest Range and now pending before the Judicial First Class Magistrate Court, Manjeri (Forest Court) as C.C.No.11/2008, for offences punishable under Sections 27(1) (e) (III) and (IV) of the Kerala Forest Act, for cutting and removing of 38 Bamboo trees on 22.6.2006 after entering into the Government Reserve Forest within Edavanna Range, seeks to quash Ext.P4 order as per which Divisional Forest Offficer, Nilambur, refused to compound the offences under Section 68 of the Act for the reason that the case does not fall under Ext.P2 Circular. 2. Admittedly, the petitioner is facing trial in C.C.No.11/2008 for the aforesaid offences. The power to compound the offences under Section 68 of the Kerala Forest Act is a discretionary power and the Divisional Forest Officer has refused to compound the offences giving reasons. This court, sitting in the discretionary and extraordinary jurisdiction will be a loath to interfere with the said W.P (C). No.6391 of 2010 2 order. This writ petition is accordingly disposed of directing the Judicial First Class Magistrate Court (Forest Court), Manjeri to expeditiously dispose of C.C.No.11/2008. It shall be open to the petitioner to raise all the contentions before the learned Magistrate. V.RAMKUMAR, JUDGE dmb