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2021 Supreme(Online)(KER) 42878
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943 WP(C) NO. 19485 OF 2021 PETITIONER:
VYSIAN HAMZA AGED 66 YEARS S/O. AMMED, KAMBALAKKAD (POST) KANIYAMBETTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673124, BY ADV JESWIN P.VARGHESE RESPONDENTS:
1 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, KALPETTA(POST), WAYANAD DISTRICT, PIN - 673122.
2 THE FOREST RANGE OFFICER FOREST RANGE OFFICE, VYTHIRI TALUK, KALPETTA (POST)
WAYANAD DISTRICT, PIN - 673122. 3 THE STATION HOUSE OFFICER MEENANGADY POLICE STATION, MEENANGADY (POST), WAYANAD DISTRICT, PIN - 673591.
4 THE VILLAGE OFFICER KANIYAMBETTA VILLAGE, KANIYAMBETTA (POST), VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673516.
5 K.P. KAMALAKSHI AMMA.
W/O.(LATE) M.P. GOVINDAN NAIR, RESIDING AT "SOUPARNIKA", VARADOOR (POST), KANIYAMBETTA VILLAGE, WAYAND DISTRICT, PIN - 673516.
6 FIZAL P.K.
AGED 32 YEARS S/O. ABOOBAKKAR, PATTARKADAVIL HOUSE, PINANGODE POST, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673121.
BY ADV.SRI.C.U.SANGEETH, SPECIAL GOVERNMENT PLEADER(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J -------------------------------
W.P.(C)No.19485 of 2021 --------------------------------
Dated this the 13th day of December,2021
JUDGMENT
The above writ petition is filed with following prayers:
“(i) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent to revoke Ext.P2 Kaichit executed by the writ petitioner and the 2nd respondent may be directed to take back the teakwood logs described in Ext.P2, within a time frame as fixed by this Hon'ble Court.
(ii) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent to discharge the writ petitioner from the liability arising out of Ext.P2 Kaichit executed by the petitioner.
(iii) Any other appropriate writ order or direction as the Hon'ble Court may be pleased to grant in the circumstances of the case.”
2. The grievance of the petitioner is that the 62 wooden logs unloaded on road side by respondents 5 and 6 were seized by the Flying Squad of the Forest department and registered O.R.No.1/2015. The 6th respondent claimed ownership of the said logs. The writ petitioner executed Ext.P2 Kaichit on 09.03.2015 and accepted interim custody of the aforesaid wooden logs. According to the petitioner, the teakwood logs are remaining unattended for the last 6 ½ years and the same are partially affected by natural decay. The petitioner approached the 2nd respondent requesting to cancel Ext.P2 Kaichit and to take back the aforesaid 62 wooden logs. But the 2nd respondent declined to revoke Ext.P2 stating that it is only for the trial court to take a decision to cancel the Kaichit. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. I perused the pleadings. As evident by R1(b), the Judicial First Class Magistrate Court II, Mananthavadi based on the order dated 18.03.2019 permitted to hand over 62 number of wooden logs involved in O.R.No.3/2015 of FRO, Kalpatta to Station House Officer, Meenangadi for further proceedings. In such circumstances, if the petitioner wants any further order, he has to approach the Magistrate court with such a prayer. This Court can not pass any order invoking the powers under Article 226 of the Constitution of India.
Therefore, granting liberty to the petitioner to approach the Judicial First Class Magistrate Court II, Mananthavadi for appropriate relief, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
APPENDIX OF WP(C) 19485/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT BEFORE 3RD RESPONDENT DATED
09.03.2015.
EXHIBIT P2 A TRUE COPY OF THE KAICHIT EXECUTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.03.2015.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT DATED
02.09.2021.
RESPONDENTS EXHIBITS ANNEXURE R1(A) TRUE COPY OF THE NOTICE DATED
06.08.2021 OF THE ADVOCATE.
ANNEXURE R1(B) TRUE COPY OF THE ORDER OF HON'BLE JFCM II COURT, MANANTHAVADY VIDE OFFICIAL MEMORANDUM IN OR-03/2015 DATED 05.04.2019.
ANNEXURE R1(C) TRUE COPY OF THE MAHAZAR DATED
22.05.2019.
//TRUE COPY//
PA TO JUDGE
