IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 18975 of 1999(H)
1. JOY
... Petitioner
Vs
1. THE DIVL.FOREST OFFICER
... Respondent
For Petitioner :SRI.THAMPAN THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/09/2007
O R D E R
ANTONY DOMINIC, J.
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O.P NO. 18975 OF 1999
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Dated this the 11th day of September, 2007
J U D G M E N T
The prayer in this original petition is to quash Ext.P4
and to direct the respondents to return 18 logs of timber
which was seized from a mill in Perumbavoor. It is noticed
that even according to the petitioner, he had sold 18 logs of
timber to the mill in Perumbavoor, from which these were
seized by the forest authorities. Subsequent to the seizure,
the mill owner had lodged a claim as per Ext.P3. With
notice to him, the matter was decided and was ordered to
be confiscated as per Ext.P4. The contention of the
petitioner is that he was the actual owner and that he
should have been put on notice, before Ext.P4 order was
passed.
In my view, even according to the petitioner, as he had
sold the logs to the mill owner, even if notice was not issued
OP 18975/99
: 2 :
to the petitioner, the proceedings will not get vitiated. Since
he had already passed over the title of the goods to the mill
owner, none of his rights are affected. Ext.P4, for that
reason is not vitiated, and there is no merit in the original
petition and it will stand dismissed.
ANTONY DOMINIC, JUDGE.
Rp