VISHALAKSHI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 29/5/2020 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 109/2020, by which, the Division Bench of the High Court has allowed the said appeal preferred by the State of Kerala and others - respondent(s) herein and has quashed and set aside the judgment and order passed by the learned Single Judge in Writ Petition No. 4772/2019, by which the learned Single Judge disposed of the said writ petition by directing the appellants herein to consider the declaration made by the original writ petitioner under Rule 11 of the Declaration of Wild Life Stock Rules, 2003 (hereinafter referred to as the Rules, 2003) by relaxing the time to file such a declaration in case the time is relaxed in any other case, the original writ petitioner has preferred the present appeal.

(2.) The facts leading to the present appeal in a nutshell are as under: -

(3.) Shri Lakshmeesh S. Kamath, learned counsel appearing on behalf of the appellant has vehemently submitted that the time prescribed under Rule 4(2) of the Rules, 2003 is not mandatory and can be relaxed in a given case. It is submitted that in the present case, the deer horn was found from the first floor of the house which is an old house and the appellant came to know about that in the year 2011.