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Roji Augustine, vs the Divisional Forest Officer

Roji Augustine, vs The Divisional Forest Officer

Type Court Judgment Court Kerala Decided Aug 31, 2022
~3 min read
https://sooperkanoon.com/case/1501607

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/23118/2022

Parties & Advocates

Appellant / Petitioner

Roji Augustine,

Respondent

The Divisional Forest Officer

Excerpt

.....that the petitioner has already been issued with individual notices in the cases in which enquiry is proceeding. the submission made by the learned special government pleader that copies of the documents that would be relied on by the divisional forest officer for the purpose of passing the order under section 61a will be furnished to the petitioner is also noted. the writ petition is accordingly disposed of, directing the respondent to issue notice specifying the dates on which the enquiry will be conducted and tofurnish copies of the documents that are intended tobe relied on for the purpose of passing the orderunder section 61a, including copy of the ‘pattayam’ of the persons from whom the petitioner has purchased the timber. the submission of the learned counsel for the petitioner that, once the above requirements are complied, the petitioner will cooperate with the enquiry is recorded.sd/- v.g.arun judge nb/31-8 appendix of wp(c) 23118/2022 petitioner’s exhibits exhibit p1 true copy of the reply dated 14.2.2022 filed by the petitioner with respect to or 14 of 2021 exhibit p2 true copy of the judgment in wpc 17845 of 2022 dated 13.6.2022 of this hon'ble court exhibit p3 true copy of notice no g2.3626/21 of dated 2.07.2022 issued by the respondent exhibit p4 true copy of the order of the district court, kalpetta, in crl.m.c. 653/2021 dated 01/11/2021 exhibit p5 true copy of the common notice dated 01/11/2021 issued by the respondent respondents’ annexures annexure r(a) true copy of one of the section61(b) notice issued to the petitioner vide ref no. g2- true copy p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 PETITIONER: ROJI AUGUSTINE, AGED 50 YEARS MOONGANANIYIL HOUSE, VAZHAVATTA P.O, WAYANAD-673 122. BY ADVS. M.P.ASHOK KUMAR BINDU SREEDHAR ASIF N RESPONDENT: THE DIVISIONAL FOREST OFFICER (THE AUTHORISED OFFICER) DIVISIONAL FOREST OFFICE, SOUTH WAYANAD DIVISION, KALPETTA, WAYANAD-673 121. BY ADV. T.P. SAJAN, SPECIAL GOVERNMENT PLEADER (FORESTS) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of August, 2022 The petitioner’s grievance is that, in spite of the direction in Ext.P2 judgment, the Divisional Forest Officer is proceeding with the OR cases registered against him, without complying with the requirements of Section 61B of the Kerala Forest Act, 1961.

2. Learned Counsel for the petitioner referred to

Ext.P3 to submit that an omnibus notice, without any details has been issued, contrary to the stipulation in Section 61B. It is contended that, the petitioner ought to be issued with individual notices in each case and should also be provided with copies of the documents relied on by the respondent for the purpose of passing the order under Section 61A.

3. Learned Special Government Pleader (Forests) submitted that the petitioner has been issued with individual notice in the cases being enquired into. Attention is drawn to Ext.P5 notice, where reference is

made to the notices dated 01.10.2021 and 13.10.2021 issued through registered post. It is submitted that the respondent will furnish the petitioner with copies of all documents that may be relied on for the purpose of issuing the order under Section 61A. It is submitted that the attempt of the petitioner is to protract the enquiry by filing unmerited petitions.

4. Having heard the learned Counsel on either

side, I am also of the opinion that the enquiry is liable to be concluded at the earliest. Ext P5 reveals that the petitioner has already been issued with individual notices in the cases in which enquiry is proceeding. The submission made by the learned Special Government Pleader that copies of the documents that would be relied on by the Divisional Forest Officer for the purpose of passing the order under Section 61A will be furnished to the petitioner is also noted. The writ petition is accordingly disposed of, directing the respondent to issue notice specifying the dates on which the enquiry will be conducted and to

furnish copies of the documents that are intended to

be relied on for the purpose of passing the order

under Section 61A, including copy of the ‘Pattayam’ of the persons from whom the petitioner has purchased the timber. The submission of the learned Counsel for the petitioner that, once the above requirements are complied, the petitioner will cooperate with the enquiry is recorded.

Sd/- V.G.ARUN JUDGE NB/31-8 APPENDIX OF WP(C) 23118/2022 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPLY DATED 14.2.2022 FILED BY THE PETITIONER WITH RESPECT TO OR 14 OF 2021 EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC 17845 OF 2022 DATED 13.6.2022 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF NOTICE NO G2.3626/21 OF DATED 2.07.2022 ISSUED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DISTRICT COURT, KALPETTA, IN CRL.M.C. 653/2021 DATED 01/11/2021 EXHIBIT P5 TRUE COPY OF THE COMMON NOTICE DATED 01/11/2021 ISSUED BY THE RESPONDENT RESPONDENTS’ ANNEXURES Annexure R(a) TRUE COPY OF ONE OF THE SECTION61(B) NOTICE ISSUED TO THE PETITIONER VIDE REF NO. G2- TRUE COPY P.A. TO JUDGE

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