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2014 Supreme(Ker) 833

ANIL K.NARENDRAN
Shaji Jose – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: P.J. Mathew, Jolly T. Kuriakose
For the Respondents: M.P. Madhavankutty

JUDGMENT :

Anil K. Narendran, J.

This Original Petition is filed seeking a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P3 confiscation order passed by the 2nd respondent who is the authorised officer under Section 61A of the Kerala Forest Act, 1961, Exhibit P5 judgment of the appellate authority under Section 61D of the said Act and Exhibit P6 consequential notice issued by the 2nd respondent requesting the petitioner to produce jeep bearing registration No. KLI-204 in order to finalise the confiscation proceedings.

2. According to the petitioner, he is the owner of a rubber estate called 'Anakal Estate' in Thachampara village in Palakkad District. During the 2nd week of September, 1994, one Moidu, brother of Thiamu, who was the supervisor of the petitioners estate came and asked for about 175 meters of wood reeper which was borrowed by the petitioners late father. The petitioner agreed to return the same and with his permission Moidu cut down a fallen vaka tree from the petitioners estate. It was then taken to the nearby sawmill in the petitioners jeep bearing registration No. KLO-214 and after sawing the wood reeper was taken back in the sai



































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