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2021 Supreme(Online)(KER) 42878

HIGH COURT OF KERALA
VYSIAN HAMZA – Appellant
Versus
DIVISIONAL FOREST OFFICER – Respondent


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

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