JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ or order directing the 1st Respondent to release the 5 logs of Timber [2 Teak, 1 jackfruit and 2 Mahagani] belonging to the Petitioner which was illegally attached from the saw mill of the 2nd respondent for sizing and seasoning.

ii. Declare that the 1st Respondent has no authority to seize and keep in custody the timber logs belonging to the Petitioner which was entrusted to the 2nd respondent in his saw mill for sizing and seasoning.

iii. Pass such other orders as this Hon'ble Court may deem fit to grant in the circumstances of the case.

2. Petitioner is aggrieved by the confiscation of 5 logs of timber (2 Teak, 1 Jack fruit and 2 Mahagony) by the 1st respondent. According to the petitioner, the 1st respondent has no right over the same. It is the case of the petitioner that for felling 5 trees from his own land, the petitioner has filed an application dated 15.02.2021 before the Forest Range Officer, Wandoor for transportation pass. The Wandoor Forest Range Officer, after verification of documents and site inspection, has granted permission to the petitioner on 26.02.2021 for transportation of the timber logs. On 17.02.2021, for sizing and shaping the timber into small wooden pieces, the petitioner brought the 5 logs of timber to the saw mill of the 2nd respondent at Wandoor. The 2nd respondent mill owner agreed to return the sawed logs to the petitioner as expeditiously as possible. It is the case of the petitioner that when he contacted the 2nd respondent for taking delivery of logs of timber, he was informed that revenue recovery proceedings were initiated against him for his defaulted loan and the 1st respondent attached the wooden logs of the petitioner along with the saw mill. Hence this writ petition is filed.

3. Heard the learned counsel for the petitioner an the learned Standing Counsel for the 1st respondent. I also heard the learned counsel for the 2nd respondent and the Special Government Pleader (Forest) for the 3rd respondent.

4. When this writ petition came up for consideration, the learned Standing Counsel for the 1st respondent submitted that the Kerala Financial Corporation has no objection in releasing the wooden logs if the 2nd respondent has no objection for the same. The learned counsel for the 2nd respondent submitted that the 2nd respondent has no objection in releasing the logs to the petitioner. If that is the case, the prayers in this writ petition can be allowed.

Therefore, this writ petition is allowed in the following manner:

1. The 1st respondent is directed to release the 5 logs of timber (2 Teak, 1 Jack fruit and 2 Mahagony) belongs to the petitioner, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.

2. The petitioner and the 2nd respondent will co-

operate with the 1st respondent to identify the logs and to release the same to the petitioner.

3. The petitioner is free to approach the 3rd respondent with an application for extending the period of Ext.P2 and if such an application is filed, in the light of the facts in the case, the 3rd respondent will do the needful to extend the period.

sd/-

P.V.KUNHIKRISHNAN JUDGE

JV

APPENDIX OF WP(C) 29214/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED

15.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE FOREST RANGE OFFICER.

Exhibit P2 TRUE COPY OF FORM 1 DECLARATION SUBMITTED BY THE PETITIONER BEFORE THE FOREST RANGE OFFICE DATED 15.02.2021.

Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED

09.04.2021 IN IA 3/2021 IN WP(C) NO.

3493 OF 2021 PASSED BY THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED

30.09.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.