High Court Kerala High Court

P.P.Mohammed vs Divisional Forest Officer on 18 July, 2008

Kerala High Court
P.P.Mohammed vs Divisional Forest Officer on 18 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3024 of 2005(I)


1. P.P.MOHAMMED,
                      ...  Petitioner

                        Vs



1. DIVISIONAL FOREST OFFICER,
                       ...       Respondent

2. DEPOT RANGE OFFICER,

3. CONSERVATOR OF FORESTS,

                For Petitioner  :SRI.N.K.SANATH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :18/07/2008

 O R D E R
                       KURIAN JOSEPH, J.
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                  W.P.(C) No.3024 of 2005
             ----------------------------------------------
                    Dated 18th July, 2008.

                         J U D G M E N T

Ext.P3 notice issued by the second respondent is

under challenge. It is stated in Ext.P3 that there was arrears of

sales tax due to the petitioner and hence the petitioner cannot

remove the timber auctioned by him. It is seen that the

proceedings have been initiated at the instance of the first

respondent. By interim order dated 24.2.2005, the petitioner has

been permitted to remove the timber on furnishing bank

guarantee. According to the petitioner, the entire liability has

been cleared. It is also submitted that in any case, the whole

proceedings are time barred. There is no counter affidavit. In the

above circumstances, the writ petition is disposed of as follows :

There will be a direction to the first respondent to take

a decision on the liability of the petitioner with notice to the

petitioner and the concerned sales tax authority, within a period

of three months from the date of production of a copy of the

judgment. The fate of the bank guarantee furnished by the

WP NO.3024/2005 2

petitioner will depend on the action thus taken by the first

respondent.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.3024 of 2005

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J U D G M E N T

Dated 18th July, 2008.