Riyas, vs the Range Forest Officer,

RIYAS, vs The Range Forest Officer,

Type Court Judgment Court Kerala Decided May 31, 2019

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Citation: sooperkanoon.com/1903377
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: May 31, 2019
Case Number: WP(C)/11349/2019

Parties & Advocates

Appellant / Petitioner

RIYAS,

Respondent

The Range Forest Officer,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice shaji p.chaly friday, the 31st day of may 2019 / 10th jyaishta, 1941 petitioner/s: riyas, aged 27 years s/o.muhammed, padamkandiyil house, arambaram p.o., padanilam, kozhikode, pin by adv. sri.m.c.john respondent/s: 1 the range forest officer, kalpetta range, south wayanad division, wayanad district, pin - 673 601. 2 the divisional forest officer (authorized officer), south wayanad division, kalpetta, wayanad district, pin - 673 601. spl.government pleader sri.sandesh raja k this writ petition (civil) having come up for admission on 31.05.2019, the court on the same day delivered the following:judgmentpetitioner is the owner of a lorry bearing reg.no.kl-49e/1280,which was taken into custody by the 1 st respondent alleging violation of the provisions of the kerala forest act. even though various contentions are raised by the petitioner, now he has submitted ext.p3 application before the 2nd respondent seeking interim custody of the vehicle specified above, and seeks early consideration of the issue.2. having heard learned counsel for the petitioner and thelearned special government pleader, there will be a direction to the 2nd respondent to finalise ext.p3, in accordance with law and attain finality to the same, at the earliest and at any rate within one month from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner.the writ petition is disposed of accordingly. sd/ shaji p.chaly judge jm/ appendix petitioner's/s exhibits: exhibit p1 true copy of the mahazar dated 27/03/2019 prepared by section forester. exhibit p2 true copy of the remand report dated the chief judicial magistrate's court, kalpetta. ext.p3 : copy of the application dated 22.5.2019 to the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 PETITIONER/S: RIYAS, AGED 27 YEARS S/O.MUHAMMED, PADAMKANDIYIL HOUSE, ARAMBARAM P.O., PADANILAM, KOZHIKODE, PIN BY ADV. SRI.M.C.JOHN RESPONDENT/S: 1 THE RANGE FOREST OFFICER, KALPETTA RANGE, SOUTH WAYANAD DIVISION, WAYANAD DISTRICT, PIN - 673 601. 2 THE DIVISIONAL FOREST OFFICER (AUTHORIZED OFFICER), SOUTH WAYANAD DIVISION, KALPETTA, WAYANAD DISTRICT, PIN - 673 601. SPL.GOVERNMENT PLEADER SRI.SANDESH RAJA K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner is the owner of a Lorry bearing Reg.No.KL-49E/1280,

which was taken into custody by the 1 st respondent alleging violation of the provisions of the Kerala Forest Act. Even though various contentions are raised by the petitioner, now he has submitted Ext.P3 application before the 2nd respondent seeking interim custody of the vehicle specified above, and seeks early consideration of the issue.

2. Having heard learned Counsel for the petitioner and the

learned Special Government Pleader, there will be a direction to the 2nd respondent to finalise Ext.P3, in accordance with law and attain finality to the same, at the earliest and at any rate within one month from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner.

The writ petition is disposed of accordingly. Sd/ SHAJI P.CHALY JUDGE Jm/ APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE MAHAZAR DATED 27/03/2019 PREPARED BY SECTION FORESTER. EXHIBIT P2 TRUE COPY OF THE REMAND REPORT DATED THE CHIEF JUDICIAL MAGISTRATE'S COURT, KALPETTA. EXT.P3 : COPY OF THE APPLICATION DATED 22.5.2019 TO THE 2ND RESPONDENT.

Same Court & Year Kerala · 2019 Same Parties RIYAS, vs The Range Forest Officer, Same Judge Honourable Mr. Justice Shaji P.Chaly