Kerala High Court
Balakrishnan M.R vs State Of Kerala on 5 October, 2020
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942
WP(C).No.20012 OF 2020(B)
PETITIONER/S:
BALAKRISHNAN M.R
AGED 35 YEARS
S/O. RAMAN, MADATHUVAYAL HOUSE, CHENNALODE P.O,
WAYANAD-673 122
BY ADVS.
SRI.NIRMAL V NAIR
SHRI.AKHIL ALPHONSE G.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FORESTS, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND CHIEF
WILD LIFE WARDEN,
FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014
3 DIVISIONAL FOREST OFFICER,
SOUTH WAYANAD FOREST DIVISION, KALPETTA-673 121.
4 FOREST RANGE OFFICER,
MEPPADY FOREST RANGE OFFICE, WAYANAD-673 577
OTHER PRESENT:
SR.PP.AMJAD ALI; SPLGP(FORESTS) SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20012 OF 2020(B) ..2..
JUDGMENT
Dated this the 5th day of October 2020 The petitioner is the 6th accused in O.R.No.11/2020 of the Vythiri Forest Station, Meppady Forest Range Office. The offences alleged are under Sections 9, 39(1) and 39(3), which are punishable under Section 51 of the Wild Life (Protection) Act, (herein after referred to as 'the Act' for short) 1972. The accused are alleged to have carried away the carcass of two animals which were found dead inside the reserve forest. The animals are included in schedules III and IV of the Act. The learned Counsel for the petitioner submits that the offences committed by the accused are compoundable, since no minimum imprisonment is prescribed under the Act. The petitioner has preferred Ext.P4 application for composition before WP(C).No.20012 OF 2020(B) ..3.. the 2nd respondent. The grievance of the petitioner is regarding the delay in considering the application for composition, which the petitioner submits, is causing difficulties in carrying out his avocation. The petitioner relies on Ext.P7 judgment of this Court rendered under similar circumstances.
2. I have heard the learned Special Government Pleader also.
Considering the limited relief sought, the writ petition is disposed of, directing the 2nd respondent to consider the application for compensation submitted by the petitioner, in accordance with law within an outer limit of two months from the date of receipt of a copy of the judgment.
Sd/-
V.G.ARUN
SB/05/10/2020 JUDGE
WP(C).No.20012 OF 2020(B) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MAHAZAR DATED
17.7.2020 PREPARED BY THE DEPUTY RANGE FOREST OFFICE, MEPPADI FRO. EXHIBIT P2 A TRUE COPY OF THE OFFENCE REPORT DATED 18.7.2020.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 15.09.2020 IN B.A. NO. 5117/2020 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR COMPOSITION DATED 18.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT OF POSTAL ARTICLE DATED 19.9.2020.
EXHIBIT P6 A TRUE COPY OF CONSIGNMENT TRACKING STATUS OBTAINED FROM WWW. INDIAPOST. GOV.IN.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 5.10.2016 IN W.P.(C) NO. 23961/2016 ON THE FILES OF THIS HON'BLE COURT.
// True copy // P.A. To Judge