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2005 Supreme(Ker) 41

K.S.RADHAKRISHNAN
Joy Joseph – Appellant
Versus
The Divisional Forest Officer – Respondent


Judgment :-

Revision petitioner is the registered owner of a mini lorry bearing registration No.KL-7/Q-88946. Lorry was seized by the Sub Inspector of Police, Erattupetta while it was transporting timber logs without any valid documents and handed over to the Forest Ranger Officer, Erumely for further action as per Forest Act. Articles were produced before the Authorised Officer, Divisional Forest Officer, Kottayam on 23-8-1999 for initiating proceedings under Section 61A of the Kerala Forest Act, 1961. During the course of investigation revision petitioner filed OP.22578/99 for getting the vehicle released and this Court vide judgment dated 7-9-1999 directed release of the vehicle on furnishing sufficient security. Vehicle was released on the original title deed No.431 relating to 4 acres of land owned by the petitioner and encumbrance certificate issued by the Sub Registrar, Rajakumari and after executing a bond.

2. Enquiry revealed that the timber logs transported were illegally collected by felling one big green venteak tree which stood in the coffee plantation, within the cardamom Hill Reserve which is a notified Reserve Forest, A stump mahazar was prepared by the Forest Office




















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