Kerala High Court
Sakunthala D vs The State Of Kerala on 4 October, 2018
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940
WP(C).No. 28482 of 2011-S
PETITIONER:
SAKUNTHALA D.,
D/O.DEVAKI, AGED 59 YEARS, 'ASRAMAM',
PERINAD.P.O., KOLLAM-691 601.
BY ADVS.SRI.V.JAYAPRADEEP
SMT.V.V.RISANI
SRI.SANEESH KUNJUKUNJU
RESPONDENT:
THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY SPL. GOVERNMENT PLEADER SRI.NAGARAJ NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C).No. 28482 of 2011
2
JUDGMENT
Hrishikesh Roy, C.J.
When the case is called, there is none to represent the petitioner. However, the respondent is represented by the Special Government Pleader Sri.Nagaraj Narayanan.
2. This petition, styled as a Public Interest Litigation, was filed to challenge the Government decision to reduce the rate of seigniorage collected from sale of rubber timber and firewood from the forest land at Moopli Valley, Hundai and Palippally Estates in Varandarappilly of Thrissur District.
3. In the absence of any representation from the petitioner's side, the learned Government Pleader refers to the counter affidavit filed by the respondent to project that the rate of seigniorage is fixed under the provisions of the Kerala Grants and Lease (Modification of Rights) Act, 1980 (hereinafter referred to as ' the Act') and the rates were revised with proper application of mind to the relevant circumstances. The Government found that a large number of labourers are engaged in the rubber plantations and if the value of seigniorage of the rubber timber and firewood is steep, it will discourage the contractors from undertaking works in the rubber plantations. This will lead to loss of livelihood for the workers, engaged in the rubber plantations. In any case, it is submitted that strict procedures are followed by the Forest Department in issuing transit passes for transporting rubber timber and firewood from leased forest lands, only after receipt of seigniorage by way of advance payments. It is further stated that the Forest Department has limited right to collect seigniorage as permitted under Section 4(1) of the Act and this responsibility is discharged diligently by the Department.
4. We have referred to the above submission of the learned Special Government Pleader based on the counter affidavit filed by the Deputy Secretary, Forest and Wildlife WP(C).No. 28482 of 2011 3 (B) Department, only to understand the basis for stipulating the rate of seigniorage to be charged for the rubber timbers and firewood and we find that the authorities have provided acceptable basis for the rate fixed by them. In any case, the rate of seigniorage to be charged is entirely within the domain of the State Policy and in the absence of anything to suggest that the rates were fixed arbitrarily or for extraneous consideration or there were undue loss to the Government, the intervention of court would not be justified in such matters.
5. For the forgoing reasons, we feel that the prayers sought in the writ petition should not be granted and accordingly, the case is dismissed.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K.Jayasankaran Nambiar, Judge vpv WP(C).No. 28482 of 2011 4 APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE RELEVANT PAGE OF THE MANGALAM DAILY DATED 10.10.11.
RESPONDENT'S EXHIBITS : NIL
/true copy/
P.A. To Judge