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2006 Supreme(Ker) 62

S.SIRI JAGAN, V.K.BALI
State of Kerala, Rep by its Chief Secretary – Appellant
Versus
Ancy Philip – Respondent


Judgment :-

Siri Jagan, J.

This appeal is at the instance of the State of Kerala and two of its officers challenging the judgment of the learned Single Judge in O.P.No.25171 of 1999. The subject matter of the original petition was certain timber alleged to be forest produce, which was seized by the forest officials from the custody of the respondents. The respondents filed the original petition seeking release of the timber and a direction to the appellants to issue pass and permit enabling them to transport the timber. The appellants resisted the original petition on the ground that the timber in question belonged to the Government, which was illegally cut and tried to be removed by the respondents. Since the same involved forest offences, the respondents are not entitled to the reliefs prayed for, according to the appellants. Although the learned Single Judge accepted the contentions of the appellants, he directed that the officer who has registered the case shall, after taking necessary steps, produce the timber in question before the appropriate court within one month from the date of receipt of a copy of the judgment. This judgment of the learned Single Judge is impugned by the






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