IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 12397 of 2009(T) ------------------------------------- PETITIONER: ------------------ T.BENJAMIN, OOTTINKARA VEEDU, VETTIKUZHY, EDAIKODU, VELLACHIPARA P.O., KANYAKUMARI DISTRICT. BY ADV. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.V.V.MATHEW SRI.R.SRINATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 043. 3. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM-695 014. 4. TAHSILDAR, TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM-695 541. 5. FOREST RANGE OFFICER, PALODE, THIRUVANANTHAPURAM-695 562. 6. VILLAGE OFFICER, PERINGAMALA, THIRUVANANTHAPURAM-695 563. 7. THE BRAEMORE ESTATES LTD., REP.BY GENERAL MANAGER, THE BRAEMORE ESTATES LTD., PLANTATION HOUSE, PATTOM PALCE P.O., THIRUVANANTHAPURAM-695 004. SRI. K.C. SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12397 of 2009 --------------------------------- Dated, this the 21st day of April, 2009 J U D G M E N T The petitioner submits that he had purchased 10 Albeezia (soft wood) trees from the 7th respondent, which according to the petitioner stood in the patta land belonging to the 7th respondent. It is stated that along with a certificate issued by the Village Officer, he applied to the 5th respondent for a pass for the transportation of the timber. But, the 5th respondent insisted for a certificate from the 4th respondent to the effect that the timber was collected from the patta land of the 7th respondent. It is stated that thereupon, the petitioner made an application to the 4th respondent. But, however, the certificate has not so far been issued. It is in this background, the writ petition has been filed praying for a direction to the 5th respondent to issue a transport pass to enable the petitioner to transport the timber. 2. From the material produced in the writ petition, it is evident that what stands in the way of the 5th respondent issuing the pass is the absence of the certificate from the 4th respondent, the WEP(C) no.12397/2009 -2- Tahsildar. It is in this context that the petitioner states that he has made an application to the 4th respondent, which according to him, has not been acted upon so far. 3. Taking into account the grievance of the petitioner that order has not been passed by the 4th respondent on his application for the certificate, it is directed that on production of a copy of this judgment, the 4th respondent shall consider the application made by the petitioner for the certificate, if such an application is still pending. 4. The petitioner is directed to produce a copy of this judgment before the 4th respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg