Manoj Kumar vs Divisional Forest Officer on 28 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34289 of 2008(F)


1. MANOJ KUMAR, VEEYES AND SONS,
                      ...  Petitioner

                        Vs



1. DIVISIONAL FOREST OFFICER
                       ...       Respondent

2. FOREST RANGE OFFICER, KOLLATHIRUMEDU

3. CHIEF CONSERVATOR OF FORESTS,

                For Petitioner  :SRI.M.C.GOPI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :28/11/2008

 O R D E R
                            V.GIRI,J.
                     -------------------------
                  W.P ( C) No.34289 of 2008
                     --------------------------
            Dated this the 28th November, 2008

                       J U D G M E N T

In the circumstances of the case, the State of

Kerala, represented by the Principal Secretary to

Government , Forest Department, is impleaded as addl. 4th

respondent.

2. Petitioner bid certain timber in auction from

the Kollathirumedu Range in Vazhachal Division. The

total value of the timber was assessed at Rs.5,03,877/-.

1/5th of the amount was deposited on the date of

confirmation of sale. Balance amount towards sale value,

Forest Development Tax, Value Added Tax was to be paid

within sixty days. Admittedly, it has not been paid. An

extension of 30 days was granted by the Range Officer.

A portion of the balance amount was paid within the

extended 30 days. Petitioner again sought for an

extension and paid the balance amount due by way of sale

value and Forest Development Tax along with interest

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and penal interest within the said extended period of 30

days. Nevertheless, he was not able to pay the entire

amount due. The amount which is to be given in the

statement filed by the 2nd respondent in paragraphs 6 and 7

read as follows:

“6. Sri.Manoj Kumar did not remit the
sale value and taxes within the stipulated time of
60 days. He requested for extension of time for
remitting the balance amount due. As per sale
conditions, the Range Officer is competent to
grant 30 days time for the remittance of balance
amount due with penal interest @ 18% per
annum; and the Divisional Forest Officer is
competent for further extension of 30 days on
realization of penal interest @ 24% per annum
and 2.5% surcharge on penal interest.
Accordingly permission was granted for
remitting the balance amount due with penal
interest.

The total amount due from the bidder is as
follows:-

      Balance Sale Value                 Rs.4,03,079-00
      FDT                                     28,343-00
      VAT & Cess                              63,615-00
      IT & Cess                               15,178-00
      Penal interest @ 18% per annum           6,471-00
      Penal interest @ 24% per annum           5,387-00
      with surcharge
                                 Total Rs.5,22,073-00

7. As per the sale conditions, Sri.Manoj
Kumar is liable to pay a total amount of

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Rs.5,22,073/- within the stipulated time limit of
28.8.2008 and to remove the produce from the
depot after remitting sufficient ground rent vide
sale conditions 7 (b) but Sri.Manoj Kumar made
only partial remittance.

      Balance Sale Value                 Rs.4,03,079-00
      FDT                                     28,343-00
      Penal interest @ 18% per annum           2,529-00
      Penal interest @ 24% per annum           5,387-00
      with surcharge
                                Total  Rs.4,39,338-00

3. This writ petition has been filed seeking a

direction to the respondents to accept the balance amount

due from the petitioner and release the timber to him.

Second respondent has filed a statement and I have

already referred to the relevant portion of such statement.

4. I am not in a position to find fault with the

action taken by the respondents in considering the

petitioner as not having complied with the terms and

conditions of the auction, if they are implemented strictly

and correctly.

But I take note of the submission made by Special

Government Pleader Sri.Renjith Thampan that it is always

open to the Government to extend the time for payment of

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4

amount due by way of VAT in this regard. It is open to the

petitioner to move the Government.

In the result, the writ petition is disposed of

permitting the petitioner to move the Government for an

appropriate extension of the time to pay the balance

amount due by way of VAT as mentioned in the statement

filed by the 2nd respondent referred to above. If such a

representation is filed within two weeks from today along

with a copy of this judgment and copy of the writ petition,

Government shall take appropriate decision as above

mentioned within one month thereafter. Re-tender of the

timber bid by the petitioner shall be kept in abeyance till

the Government takes a decision as aforementioned.

(V.GIRI,JUDGE)
ma

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