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2021 Supreme(Ker) 151

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, SHAJI P.CHALY, JJ.
Vineesh M.V., S/o.Viswanathan M.U. – Appellant
Versus
State of Kerala – Respondent
WP(C).No.5008 of 2021(S)
Decided on : 25-02-2021

Advocates:
Advocate Appeared:
For the Appellant : SRI.SHAIJAN C.GEORGE, SMT.ANJU TREESA GEORGE
For the Respondent: SRI. SANDESH RAJA, adv.

The court cannot adjudicate disputed questions of facts in a petition under Article 226 of the Constitution of India. A writ petition does not merit consideration if it fails to satisfy the requirements of a Public Interest Litigation.

Headnote:

Public Interest Litigation - Forest Department - GO(Rt) No. 261/2021/Revenue - Circular No. Rev.U3/187/2019 - Article 226 of the Constitution of India - Bachhittar Singh v. The State of Punjab - Laxminarayan R.Bhattad v. State of Maharashtra - Sethi Auto Service Station v. Delhi Development Authority - Union of India and others v. Vartak Labour Union (2)

Fact of the Case:

The petitioner filed a writ petition seeking various reliefs related to illegal felling of rosewood trees and subsequent events. The petitioner contended that the forest officials covered up the incidents and sought mandamus for enquiry and restoration of forest land. The Forest Department disputed the averments and highlighted the lack of supporting materials.

Finding of the Court:

The court dismissed the writ petition, stating that disputed questions of facts cannot be adjudicated in a petition under Article 226 of the Constitution of India. The court also emphasized that the petitioner did not satisfy the requirements of a Public Interest Litigation and that the writ petition does not merit consideration.

Issues: Disputed questions of facts, lack of supporting materials, and failure to satisfy the requirements of a Public Interest Litigation.

Ratio Decidendi: The court cannot adjudicate disputed questions of facts in a petition under Article 226 of the Constitution of India. A writ petition does not merit consideration if it fails to satisfy the requirements of a Public Interest Litigation.

Final Decision: The writ petition is dismissed.

JUDGMENT :

S. Manikumar, J.

Instant writ petition has been filed seeking for the following reliefs:-

    “i. to issue the writ of mandamus or any other writ, or any other direction to the respondents 1 to 3 to initiate enquiry regarding the involvement of respondent 5 and 7 to 10 and the other named officers in the incidents reported in Exhibit P2;

ii. to issue the writ of mandamus or any other writ, or any other direction to the respondent No.12 to conduct an immediate enquiry and to submit a Quick Verification Report before this Hon'ble Court regarding this incidents reported in Exhibit P2;

iii. to issue the writ of mandamus or any other writ, or any other direction to the 6th respondent to submit a detailed further report on Exhibit P2 report filed by him;

iv. to issue the writ of mandamus or any other writ, or any other directions to respondents 1 to 3 carry out the recommendations made by the 6th respondent including the registration of Occurrence Report on the incidents reported in Exhibit P2 and the disciplinary proceedings against the delinquent officers;

v. to issue the writ of mandamus or any other writ, or any other direction to the directing the 1st respondent to form a special Team to investigate into the incidents reported in Exhibit P2 and against the involvement of respondents 5, and 7 to 10;

vi. to issue the writ of mandamus or any other writ, or any other direction to the respondents 1 to 3 to take all the measures and to restore the forest land which is illegally encroached by others after the publication of "Report of Vested Forest Committee 1975.”

2. Supporting the prayers sought for, petitioner has contended that, pursuant to media report regarding illegal felling of rose wood trees, Sri. N. T. Sajan IFS, Deputy Conservator of Forest (SF), Kozhikode, the 6th respondent, had submitted Ext. P2 preliminary report dated 15.02.2021, before Principal Chief Conservator of Forest (Vigilance & Forest Intelligence), the 3rd respondent, reporting the roles of delinquent officers, and with recommendations to book a case, and to enquire into the incidents. It is further contended that the entire incidents are covered up by the officials. Being aggrieved, instant writ petition is filed.

3. On this day, when the matter came up for admission, on instructions from the Chief Conservator of Forest, Kannur, the 5th respondent, Mr. Sandesh Raja, learned Special Government Pleader brought to the notice of this Court the following facts:-

    “The Wayanad District has faced large scale felling of Rosewood trees from Revenue lands on the back drop of the Government Order GO(Rt) No. 261/2021/Revenue dated 24.10.2020 and the Circular No. Rev.U3/187/2019 dated 10.03.2020. The Range Officer. Meppady Range had received 14 applications for permissions to transport the felled timber. On enquiry it was found that the applicant Mr. Roji Augustine, owner of Surya Timber, could not produce a proof for the status of the timber and the Range Officer wrote to the Tehsildar for confirming whether the timber had come from private land and not property of the Government. However, no reply was received and the Range Officer Mr. Sameer M. K. who joined on 02.01.2021 went ahead and rejected all the applications as the status of timber (whether reserved or not) could not be ascertained. This outraged the applicant who is having stakes in Reporter Channel and connections with officials and politicians at higher levels. He and his allies started targeting the Range Officer, the DFO and their subordinate staffs. He gave false accusations through media that the Range Officer was involved in illegal felling and transport of timber from forest land in Manikunnumala and that a road was cut through the forest land. The matter was verified through the DFO South Wayand who reported that there was cutting permission issued for rosewood trees from private land in Manikurnumala by the previous Range Officer and that the accusations were made on that. The accusations on cutting o

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